Motorists arrested for drunk driving in Massachusetts are generally asked to take both field sobriety tests and a breath test. Since a refusal to take the field sobriety tests cannot be introduced in court as consciousness of guilt, the wiser course is to refuse them. Likewise, since refusal to take the breath test cannot be introduced in court, most experienced OUI lawyers in this state advice against taking the chemical test.

However, while a chemical test refusal can’t be introduced as evidence in a criminal trial, it can bring consequences at the Massachusetts Registry of Motor Vehicles. An accused drunk driver can lose his or her license for a minimum of 180 days after a chemical test refusal.

Massachusetts is a “per se” state, meaning that driver’s found to have a blood alcohol content (BAC) of .08 percent or greater will be charged with driving under the influence. However, the results of chemical tests can be challenged by a skilled criminal defense attorney. Chemical test results are sometimes inaccurate because of machine malfunction or an improperly administered test. There are also medical and environmental reasons why the test may be incorrect.

Massachusetts has a lifetime "lookback" period for drunk driving offenses, meaning that a judge can use the driver’s prior record to increase punishment for any operating under the influence offense, no matter how long ago it occurred.

The penalties for driving under the influence and OUI have grown progressively harsher over the years. Although a motorist convicted of a first-time drunk driving offense may be eligible for an alternative disposition that will result in probation and a mandatory alcohol and drug education program, jail time is a possibility. The maximum penalty for a first-time Massachusetts operating under the influence conviction is 30 months in prison, a $500 to $5,000 fine, and a one-year driver’s license suspension.

A second-offense OUI conviction carries even harsher penalties. The maximum penalty is 30 days to 30 months of incarceration, a $600 to $10,000 fine, and a two-year driver’s license suspension. Alternative dispositions are sometimes possible in second-offense drunk driving convictions, but require a 14-day inpatient treatment program paid by the defendant, two years of probation, and a two-year license suspension.

A third-time conviction for driving under the influence can bring 150 days to five years in state prison, a $1,000 to $15,000 fine, and an eight-year license suspension. A driver convicted of a fourth OUI offense faces one to five years in prison, a fine of $1,500 to $25,000, and a 10-year license suspension. A fifth drunk driving conviction will bring two to five years in prison, a fine of up to $50,000, and a lifetime license revocation.

Massachusetts also charges a fee to reinstate a driver’s license following a suspension for a DUI / OUI offense. The fees are $300 for a first drunk driving offense, $500 for a second offense, and $1,000 for a third offense.

Drivers accused of operating under the influence in Massachusetts also face a separate administrative case at the Registry of Motor Vehicles. The RMV will suspend the license of a first offender for 30 days if he or she submitted to a chemical test, and 180 days for a refusal. A hardship license may be available to those who meet nine conditions, including proof of employment.

The consequences of a Massachusetts OUI / DWI conviction can be severe, but the repercussions can be reduced or eliminated by fighting drunk driving charges with a qualified criminal defense attorney. The skilled lawyers at 1.800.NOT.DRUNK and www.NotDrunk.com have the experience needed to aggressively challenge a drinking and driving charge anywhere in Massachusetts.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.