DUI in Laws in Massachusetts
In Massachusetts, it is against the law to drive a vehicle if you are under the influence of alcohol and/or drugs. If a person has a blood alcohol content (BAC) level of at least .08 percent – or .04 percent for commercial driver’s license (CDL) holders and .02 percent for drivers under 21 years old – then he/she could be arrested for drunk driving.
As mentioned above, a DUI conviction can result in harsh criminal penalties. For example, a first DUI offense is punishable by license revocation for up to one year, fines between $500 and $5,000, and even a maximum jail term of two and a half years.
Additionally, a conviction can lead to a criminal record, which can have a negative impact on your life. Getting a job, applying for college, and living a normal life can be difficult with a conviction following you everywhere.
That is why a Boston DUI defense lawyer, like Attorney DeGiacomo and Attorney Mikhlin, can defend you in both criminal and RMV court. They can guide you through the intricacies of the legal process while protecting your rights and freedom.
Is a DUI a Felony in Massachusetts?
In Massachusetts, a DUI (driving under the influence) is generally a misdemeanor offense, not a felony. However, if you are charged with a DUI and you have prior convictions for DUI or you were involved in an accident that caused serious injury or death, you may be charged with a felony. It is also possible to be charged with a federal crime if you were driving under the influence on federal property, such as a military base.
It's worth noting that the consequences of a DUI can be severe, even if it is only charged as a misdemeanor. A first-time DUI offense can result in a fine, license suspension, and mandatory alcohol education classes. Repeat offenses can result in even more severe penalties, including longer license suspensions, larger fines, and possible imprisonment.
Can You Get a DUI Expunged in Massachusetts?
A DUI expungement is next to impossible in Massachusetts. In fact, the state doesn’t offer expungement of criminal records in most cases. In Massachusetts, courts only grant a DUI expungement for two reasons. The first reason is if someone else uses your identity and receives a DUI conviction but you are innocent. In this case, the court may just decide to change the name on the documents to Jane or John Doe, removing the case from your record. The court could also decide to grant you an expungement.
The second situation in which Massachusetts courts grant DUI expungements is in cases that involve a juvenile. The only cases that are eligible are cases that the court dismisses due to a lack of evidence. For most people, the only option is to have your records sealed. Sealing your records is much different than a DUI expungement. Having your records sealed does not mean they go away completely. However, your records are no longer available to the public. This means that future employers will most likely be unable to find the records relating to your case. However, government agencies and courts will still have access to your records. Therefore, any conviction can be used at a later date to influence sentencing in another case.
How Can A DUI Attorney Help You in Boston?
Consulting a DUI attorney is critical for ensuring that you are provided with the legal guidance and support that you need during this time. An experienced DUI attorney knows the ins and outs of the law and will have worked with countless individuals facing a struggle similar to yours.
A DUI attorney will:
- Thoroughly investigate your case: Your DUI lawyer will thoroughly investigate your case and will examine your arrest report to see if there was anything that could lead to the dismissal of any additional charges.
- Provide you with legal guidance: Your attorney will be able to help answer any questions or confusion that you have related to your DUI case. He or she will provide you with objective legal guidance that you can greatly benefit from. This will also help ensure that no mistakes are made on your part during the legal process of your case.
- Offer you support: Having a reputable DUI attorney by your side is important for providing you with the emotional reassurance that you need during this time.
- Save you time: There is a great amount of paperwork involved with DUI defense. Your lawyer will be able to handle all of the paperwork for you, to ensure that no mistakes are made that could prolong your case.
- Effectively negotiate on your behalf: Negotiating with a prosecutor can be extremely challenging. By having an attorney on your side, you can rest assured that negotiations will be effectively taken care of, as he or she will handle the negotiations on your behalf.
- Ensure the best outcome for your case: A DUI lawyer will help ensure the best possible outcome for your case. Did you know that almost 80% of DUI charges in the United States have been shown to link to convictions? Your lawyer is your best advocate and will help you find justice for yourself and for your future.
- Dangerousness Hearings for DUIs
- What To Do During A DUI Stop in Massachusetts?
- Questions to Ask Your DUI Lawyer
- Why You Must Have a DUI Felony Lawyer