Learn about Stoughton, MA DUI laws, charges, consequences, and why it’s best to work with a Stoughton DUI lawyer
You’d think that the lockdowns and pandemic would have drastically reduced DUI arrests across the nation, but that doesn’t appear to be the case when you look at the statistics. In fact, fatal DUI rates increased by about 9% throughout 2020.
Did you unwillingly contribute to DUI arrest statistics this year? Don’t feel discouraged. By hiring the right Stoughton DUI lawyer, you can set yourself up for success when defending yourself against your charges. But first, you likely need more details about exactly what you’ve been charged with and how they could impact your future.
Learn more about DUI charges in Massachusetts, what they could mean for your future if you get convicted, and how to construct a DUI defense strategy that will work in court below.
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Understanding Your Charges: Massachusetts DUI Laws
First of all, it’s important to have a solid grasp of the exact charges you’re facing. In Massachusetts, it’s against the law to operate a motor vehicle while under the influence. Driving under the influence charges, often called a DUI, usually get levied when the police discover an unsafe driver, pull them over, and then discover that they’re intoxicated.
At that point, a few tests might ensue. An officer might ask you to perform a field sobriety test, or they might simply ask you to submit to a breathalyzer. If the police have good reason to believe you’re under the influence, then you’ll get charged.
A DUI means you were driving a vehicle and had a BAC of 0.08% or higher. Commercial drivers can get charged with a DUI if their BAC is 0.04% or higher. For drivers under the legal drinking age, they can get charged with a DUI when they have a BAC of 0.02% or higher.
Do DUI Laws Apply to Drugs, Too?
As you can see from the DUI laws outlined above, the police usually need to prove that the driver had a blood alcohol concentration that’s higher than the legal limit to prove they’re guilty of driving under the influence. So, do DUI laws apply to drugs, too?
Massachusetts law also outlines OUI charges, which makes it illegal to operate a motor vehicle while under the influence of any drugs or alcohol. While these charges are broader, they’re also more difficult to prove in court. Often, police officers must use other evidence, like proof of reckless driving, to help support an OUI charge. That’s because it’s very difficult to prove if a person is under the influence of drugs like marijuana when they’re driving.
Understanding the Potential Consequences of a DUI in Stoughton
The penalties associated with DUI and OUI charges match the severity of the offense. Driving while under the influence is extremely dangerous. Not only that, but it’s also a breach of your duty to provide for the care of other motorists and pedestrians when you get behind the wheel. It’s also a very common offense, though, so the penalties aren’t too severe for first-time offenders who don’t have any aggravating factors associated with their DUI.
For a first-time DUI, you could serve up to 2 ½ years in jail and fines of up to $5,000. In general, though, most first-time offenders only serve a few days in jail and face other types of consequences, which we’ll go over below. Second-time DUI offenders could face a mandatory 60-day jail term which could last up to 2 ½ years and fines of up to $10,000.
A third offense will get taken even more seriously. Expect a minimum of 180 days in jail but that could go up to 2 ½ years. A fourth-time offense means you’ll likely serve anywhere from 2 to 2 ½ years in jail and get fined up to $25,000.
Aggravating Factors
While the penalties above show an outline of what to expect, every single DUI case is unique. Your sentence might vary drastically from the sentence of someone else who is facing the same criminal charges. This is especially true if aggravating factors exist in your case. Common aggravating factors that will increase your penalties include:
- Causing a car accident
- Injuring someone or damaging property
- Having a very high BAC
- Driving recklessly
- Committing a DUI with a minor in the vehicle
- Committing a DUI while on duty as a commercial driver
Losing Your License
Criminal penalties aren’t the only thing you’ll have to contend with. Immediately upon getting arrested, you’ll lose your driver’s license privileges. You’ll have to attend a DMV hearing if you hope to prevent the automatic suspension of your license. Even so, you might still deal with an extended period without your license.
First-time DUI charges usually come with a suspension period of 45-90 days. A second offense causes a revocation for up to two years. If you commit a DUI a third time, then you’ll lose your driving privileges for eight years. If you commit a DUI five times, then you won’t ever be able to regain your driving rights again.
Ignition Interlock Locks in Massachusetts
If you’ve been convicted of multiple DUIs, then expect to have to install an ignition interlock device on your car. This device is like a breathalyzer that you must submit to in order to start your vehicle. If you test positive for alcohol, then your car won’t start.
Potential Educational Courses
You might also be ordered by the courts to attend alcohol education classes. These courses will help you learn more about alcohol, its addictive properties, and the dangers of drinking and driving.
Why Hiring a Stoughton DUI Attorney is in Your Best Interests
If you’ve been arrested for a DUI or OUI, it’s a good idea to hire a Stoughton drunk driving attorney as soon as you can. Hiring a Stoughton drunk driving lawyer can help you reach the best possible legal outcome in your situation. Depending on what your charges are, that could mean reduced penalties, having your charges dropped altogether, or getting found not guilty. A Stoughton drunk driving attorney will help you defend yourself and uphold your freedom and rights despite your charges.
Are You Ready to Speak With a Stoughton DUI Lawyer One-on-One?
Getting arrested for a DUI is an unsettling experience, especially if you’re so intoxicated that you don’t really realize the gravity of your situation until you’re waking up behind bars. The good news is that you can turn your situation around by hiring the best possible Stoughton DUI attorney.
A good lawyer will make sure you understand your charges and the potential penalties associated with them. Then, they’ll help you come up with a good DUI defense strategy.
Depending on the circumstances of your arrest and the evidence against you, your best legal strategy might be agreeing to a plea deal. In first-time arrest situations, you might be able to prove to the court that you’re remorseful by attending some alcohol education courses before your court date. This type of strategy won’t help you avoid a conviction, but it can help you reduce any criminal penalties against you.
Are you currently looking for a Stoughton drunk driving lawyer that you can trust and rely on? If so, then you’ve landed on the right page. Reach out to The Law Offices of Gerald J. Noonan now to discuss your DUI situation in more detail with one of our best lawyers.
