Massachusetts police are trained to begin building a DUI case against you from the time they first identify your car on the road.  They watch the way you are driving to observe any solid line violations, swerving or erratic driving.  This gives them reasonable suspicion to pull you over. After that they will observe your behavior, any odors of alcohol, any delays or fumbling while reaching for your license and registration, blood shot eyes and slurred speech.  All this is evidence gathering to justify what ultimately will be a field sobriety test and a breathalyzer test that may lead to an arrest and conviction. The legal limit for a breathalyzer is .08 and if you refuse to take this test you will loose your license for a minimum of 180 days. The RMV will automatically suspend your drivers license as well.



First offense for DUI could lead to up to  2 1/2 years in jail, a $500 fine and a license suspension for 1 year.  Alternatively, you may be able to take what is known as a "24D" alternative. This requires probation for up to 2 years, attendance in an alcohol education class at your cost and lose of license for 45 days. 



Second offense requires no less then 60 days in jail, minimum fine of $600 and a loss of license of up to 2 years.



Third offense requires a sentence of no less then 180 days in jail with a minimum mandatory of 150 days, a min. fine of $1000 and loss of license up to 8 years.



Refusal to take breathalyzer test will result in automatic suspension of your drivers license for 180 days. The new implied consent law results in a longer license suspension if you refuse to take the breathalyzer test, then if you actually blow over .08.  License suspension after refusal is 180 days versus 30 days if you blow over .08. First Offense refusal: Automatic 180 Day Suspension. Second Offense refusal: (or an offender who is under 21): 3 Years License Loss. Third Offense refusal: 5 Years. Fourth Offense refusal: 10 Years. Fifth Offense: Life.  This suspension is through the RMV, not the court system. if you refuse to take the test there is a lot less evidence that the State can use against you to convict you of DUI and it may be successfully challenged in court and your license will likely be reinstated before the 180 day period. Also, if your Mass. license is suspended because of a breathalyzer refusal, and you enroll in the 24D (first offender's) program, you may be able to get a hardship license.



Hardship license or sometimes called the Cinderella License, Hardship License, Work License, or Restricted License all refer to a license issued by the Mass. RMV to an offender for a legitimate purpose such as going to work, attending school, or receiving medical treatment. Hardship Licenses are valid for a consecutive 12 hour period (e.g. 7:AM to 7:PM).



Contact an Expert Boston DUI-OUI Attorney



At the Law Offices of Michael R. St. Louis, we are fully prepared to handle your driving under the influence case.  As a leading Boston DUI/OUI defense law firm, we can provide you with the direction and legal counsel you need to fight your misdemeanor or felony drug charges. Call our Law Offices today for your free consultation at 781-816-3950 or contact us online.



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