The Massachusetts legal system has had a fraught relationship with breathalyzers for years that has prompted many to question if breathalyzers are accurate. However, the answer to the question “are breathalyzers accurate” isn’t straightforward. The short answer is: breathalyzer test accuracy depends on the circumstances. In theory, they should be perfectly accurate. In practice, the full answer is more complicated than that.Read More
Is an OUI a Felony in Massachusetts?
A felony is the most serious kind of crime with which a person can be charged. Because felonies are so serious, they come with mandatory prison sentences. DUI and OUI laws vary from state to state, so the categorization of OUI charges as either a misdemeanor or a felony can depend on your location. So is an OUI a felony in Massachusetts? The answer is: it depends.Read More
How to Use Avvo to Find a DUI Lawyer
Finding a lawyer is a daunting task and it’s one you often have to deal with during an already stressful time. You want the best representation possible, but there are so many factors to consider. So, how do you go about choosing a lawyer? One option is to use an online lawyer directory like Avvo.Read More
How to Use Super Lawyers to Find a DUI Lawyer in MA
Finding an attorney can be an overwhelming task. When you’re dealing with a difficult legal situation, such as a OUI/DUI charge, you’re going to be stressed and in search of a well-reviewed lawyer who has the experience to guide you through the complicated legal process and who will work hard to ensure you get the best outcome possible on your case. It’s important to know what resources are available to you while looking for a lawyer. One useful option to leverage in your search is the website Super Lawyers.Read More
What's the Difference Between a DUI vs. Reckless Driving Charges?
In the state of Massachusetts, reckless driving charges and DUI charges are not the same offense and have some unique features.Read More
Why Are Some DUI Cases Dismissed?
Not all DUI cases make it to trial before the matter is resolved in a favorable way. A dismissal can be authorized by either the prosecutor or the judge that is presiding over the case before the trial even starts. Either way, the end result is the same: You’re free to move on with your life with no trial, no sentence, and no conviction or criminal record remaining from the incident.Read More
Are Courts Reopened for DUI Trials in Massachusetts Yet?
Yes, Massachusetts courts have reopened for DUI trials and other criminal matters. You will also be able to engage with the District Court related to your DUI case for all pre-trial matters including pleas, admissions, hearings, and appeals. With that said, not all proceedings are being handled in person.Read More
Is It Legal to Drive After You Get a DUI in Massachusetts?
Do you lose your license immediately after a DUI / OUI in the state of Massachusetts? Yes. In general, it will not be legal for you to drive immediately after an arrest or conviction for a first DUI in Massachusetts (where the local term is OUI, or “Operating Under the Influence”). Arrests and convictions both involve having your license to drive suspended for a set period of time.Read More
Do You Have to Take a Breathalyzer Test If Not Driving?
A police officer is free to ask anyone—whether you’re in the driver’s seat, passenger seat, or just loitering near a vehicle—to take a breath test. This doesn’t mean you are required to take it, or that the results of such a test would be usable against you in court. There’s a strong argument to be made that a breath test is a search under the Fourth Amendment. Like with any other search, an individual can always consent voluntarily to a breath test.Read More
What a Failed Breathalyzer Test Means for Your DUI Case in MA
Failing a breathalyzer test can be a scary moment. Don’t panic. A failed breathalyzer test presents an obstacle in your DUI case, but the existence of the test alone is not proof of your guilt. It will, however, result in several immediate penalties, including:Read More