Understanding Massachusetts Drunk Driving Laws

Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If a person refuses to submit to any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to operate for 10 years.

If a person refuses to take a test under this paragraph, the police officer shall:.

The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each report shall set forth the grounds for the officer's belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant.

Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to the registrar forthwith.

Learn about the penalties for a OUI/DUI conviction in Massachusetts.

The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in this section. The suspension of a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the police officer. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other.

At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer.

Each report shall set forth the grounds for the officer's belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of intoxicating liquor and that the person's blood alcohol percentage was not less than. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for the test was regularly serviced and maintained and that the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered.

Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith.

The license suspension shall become effective immediately upon receipt by the offender of the notice of intent to suspend from a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant's blood is two one-hundredths or greater and upon the failure of any police officer pursuant to this subparagraph, to suspend or take custody of the driver's license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph a of subdivision 1 or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant's license or right to operate a motor vehicle upon receipt of a report from the police officer who administered such chemical test or analysis of the defendant's blood pursuant to subparagraph 1.

Massachusetts Drunk Driving Penalties

Each such report shall be made on a form approved by the registrar and shall be sworn to under the penalties of perjury by such police officer. Each such report shall set forth the grounds for the officer's belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor and that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the equipment was functioning properly at the time the test was administered.

Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant's blood was administered. The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P.

If, after such hearing, the registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and preserve a record at said hearing for judicial review. You may consider this evidence solely as it relates to the defendant's balance, coordination, mental clarity, ability to retain and follow directions, ability to perform tasks requiring divided attention, and other skills you may find are relevant to the safe operation of a motor vehicle.

It is for you to determine how much, if any, weight to give the roadside assessments. In making your determination, you may consider what the officer asked the defendant to do, the circumstances under which they were given and performed, and all of the other evidence in this case. Finally, evidence of how a defendant performed in roadside assessments, standing alone, is never enough to convict a defendant of operating under the influence of marijuana.

Massachusetts Drunk Driving Penalties | Boston DUI Lawyer Lefteris K. Travayiakis

Includes tables outlining the penalties under the new law. The Massachusetts Prosecutors' Manual: Drunk Driving Defense Mass. Massachusetts OUI law , Lexis annual. Understanding breath testing , MCLE, If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here. Massachusetts law about drunk driving A compilation of laws, regulations, cases and web sources on drunk and drugged driving law.

Skip table of contents. You can learn more about these related drug and alcohol charges in Chapter 2 of the MA Driver's Manual , but we've outlined them below for quick reference. It's illegal to operate a motor vehicle with an open container of alcohol anywhere in the vehicle, no matter who's holding it.

This means you can't drive with an empty liquor bottle in your backseat, nor have a passenger drinking a can of beer. You can also expect an officer to pull you over if any prescription, illegal drug, or over-the-counter medication is affecting your ability to drive. Depending on factors specific to your case, you could face an OUI conviction just as you would for drunk driving.

Furthermore, the state will revoke your learner's permit or driver's license for any drug conviction. Many OUI penalties are the same for drivers of all ages. We've noted any differences as they arise. If you're convicted of operating under the influence of alcohol or drugs, or some other abused chemical substance, your penalties depend largely on the number of offenses you've had.

You can expect to face administrative penalties enforced by the RMV, as well as criminal penalties upon court conviction. Also, when it comes to OUI and license suspension, the RMV takes into consideration your entire driving history , including prior incidents and alcohol education programs. Also, your judge might also impose OUI education programs, a substance abuse treatment program, and other related treatment penalties. The RMV may chose to revoke your license permanently.

All drivers are subject to a chemical test when they're pulled over for suspected drunk driving. Drivers who fail the chemical test i. This gives the court enough time to conclude the court case and impose the longer-term OUI penalties. Drivers who refuse the chemical test face even longer suspension periods by the Registry of Motor Vehicles.

If this is your first, second, or third chemical test refusal, the MA RMV will tack on additional suspension time in order to get you into an alcohol education program, even though you refused the chemical test thus refusing to have your BAC on record. The MA RMV is very clear about your requirement to take an alcohol education course, even if you win your case in court.

OUI Crimes and Penalties

Some OUI offenders will be required to enroll in an alcohol education program, and sometimes the program helps reduce the suspension period. Among other things, Melanie's Law see below brought a state-managed ignition interlock device IID program for drivers eligible for hardship licenses and license reinstatement. If you're caught operating under the influence and you already have a suspended license, you're charged with both different crimes at the same time.

You'll receivie OUI penalties see above as well as penalties for driving with a suspended license. If you're caught operating under the influence with a child passenger who's 14 years old or younger, you're charged with OUI and child endangerment at the same time and face the following penalties:. To date, the MA RMV doesn't require OUI offenders to file an SR 22 or any other kind of proof that they're carrying the state's minimum liability coverage in order to obtain hardship licenses or reinstate their full driving privileges. However, car insurance rates often take a hit when OUI is involved.

Whether you've just now lost your license or your suspension period is almost up, talk with your current coverage provider about possible rate increases you'll face when you start driving again. If you're a commercial driver operating a vehicle with a BAC of 0. These penalties are made even more severe by the fact that your commercial vehicle is your livelihood.

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Also note that if you're caught committing a felony related to manufacturing, distributing, or dispensing controlled substances with any vehicle, you'll lose your CDL for life. Even if your OUI doesn't bring some of the more serious penalties like exorbitant fines and jail time, you'll still go before a judge, prosecutor, and your arresting officer.

You should consider hiring an OUI attorney , who can help you navigate the legal system and get the best possible outcome based on your offense. Some MA drivers who've committed certain OUI- and other drug- or alcohol-related offenses are eligible for hardship licenses. You must meet all requirements of your OUI suspension in order to reinstate your driver's license, including:. Because you have an OUI-related suspension or revocation, you must see a Hearings Officer to have your license reinstated. Check the Suspension Hearing Sites and Schedules for a location nearest you.

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Make sure our Newsletter makes it to your inbox by adding email dmv. Between the two, you could face license suspension, steep fines, and even jail.