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First Offense Drunk Driving in Massachusetts: The Roadmap to Moving On after a First Drunk Driving Arrest

The Consequences of a First Offense Drunk Driving Arrest in Massachusetts

Massachusetts takes first offense drunk-driving offenses very seriously. Individuals that are arrested for a first offense OUI in Massachusetts face significant consequences.

The criminal and civil penalties for a first drunk-driving offense in Massachusetts include, but are not limited to:

significant jail time; the loss of one’s driver’s license; the requirement to participate in extensive after-care programs; payment of monthly probation fees and court fines; the cost of litigating the criminal case; and increased insurance costs.

After An Arrest for First Offense OUI in Massachusetts

Massachusetts drunk-driving laws require the defendant be given a criminal citation at the time of the arrest. The criminal citation provides the defendant with important information, such as details of the charges against the defendant, as well as information on the date and time of the defendant’s arraignment.

An arraignment in Massachusetts for a first drunk-driving offense provides a critical opportunity for both the defense and prosecution in a drunk-driving case. For this reason alone, it is in the defendant’s own self-interests to retain a Massachusetts drunk-driving as soon as possible after the defendant’s arrest.

The 24D Disposition for First-time Drunk Drivers in Massachusetts

For a first time alleged drunk driver in Massachusetts, a “24D Disposition” is often the defendant’s best option to dispose of the first drunk-driving offense.

The “24D Disposition” is not available to all first-time Massachusetts drunk-drivers. There are many factors the court and the prosecutors will decide before agreeing to a “24D Disposition.”

A defendant eligible for a “24D Disposition” under Massachusetts drunk-driving laws may be able to obtain a hardship license within weeks, if not days, of the defendant’s arrest.

Attorney Anthony Rao, Esq. has been practicing law in the Commonwealth of Massachusetts since 2006. He has extensive experience in the zealous representation of defendants charged with First Offense Drunk Driving in Massachusetts. For a free consultation with Attorney Anthony Rao, Esq. please call 617-953-0836, or email him at Anthony@lawrao.com.

 

 

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24D Program Field Sobriety Tests Massachusetts 24D Disposition Massachusetts Drunk Driving Massachusetts Drunk Driving First Offense Massachusetts First Offense OUI Massachusetts License Suspension Massachusetts Surcharge OUI OUI First Offense

Operating Under the Influence in Massachusetts: A Brief Overview of the Drunk Driving Laws of the Commonwealth of Massachusetts

Massachusetts Drunk Driving Statute

Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270 shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.”

Mass. Gen. Laws Chapter 90, Section 24 (1)(a)(1)

In Massachusetts, the Commonwealth has the luxury of choosing two different paths in efforts to convict an alleged Massachusetts drunk driver on a charge of operating under the influence. The easiest way for the Commonwealth to obtain a guilty verdict against an alleged drunk-driver is to use the breathalyzer test results.

In Massachusetts, it is illegal to drive with a blood alcohol level at or higher than .08. If the alleged drunk-driver submits to a breathalyzer test – and those test results are submitted as evidence to the jury – the Commonwealth must only show that the defendant took the breath-test, and the defendant blew a .08 or higher. This “.08 Per Se” drunk driving case is the easiest and fastest way for the Commonwealth of Massachusetts to obtain a guilty verdict against an alleged drunk-driver.

No Breathalyzer Test – The Commonwealth Must Prove The Driver Was Impaired Not Drunk

In Massachusetts, if an alleged drunk-driver does not take the breathalyzer test, the Commonwealth is required to prove the defendant was operating the motor vehicle, on a public way, under the influence of alcohol. The Commonwealth is not required to prove the defendant was “drunk.” Rather, the Commonwealth of Massachusetts only requires the prosecuting attorney prove that the operator of the motor vehicle was impaired by alcohol, and that this impairment influenced the driving of the operator. Indeed, based on the drunk driving laws of Massachusetts:

the Commonwealth is not required to show that the defendant actually drove in an unsafe or erratic manner, but must prove a diminished capacity to operate safely.

Commonwealth v. Connolly, 394 Mass. 169, 173 (1985).

American citizens have rights and liberties. We are not to be arrested without cause. We are entitled to due process. We are presumed innocent until proven guilty. The United States Constitution and the Massachusetts Declaration of Rights were created to insure the government is for the people, by the people, and of the people.

Attorney Anthony Rao, Esq. is a zealous advocate for his clients, and he is available for telephone consultations at 617-953-0836, or at his email address: Anthony@lawrao.com. He is a lifelong resident of the Commonwealth of Massachusetts, the bedrock of American democracy.