The “Spirit of America” state is one of the nation’s toughest on OUI laws. In fact, Massachusetts has a “per se” law, which means that it is illegal to drive with a blood alcohol content of .08% or higher for those 21 and over. However, if you are 21, the Zero Tolerance law applies, which prohibits anyone under the legal drinking age of having a BAC of .02% or higher.
Under Massachusetts’OUI laws, you can be asked by police to take a chemical tests and a field sobriety test. If you refuse to take the field sobriety test, this cannot be introduced in court as consciousness of guilt, so the wiser course is to refuse them. The same goes true for a chemical test. However, if you refuse the breath test, you can lose your license for 180 days.
Penalties
The maximum jail sentence for a first-time OUI offender in Massachusetts is 2 ½ years. Your fine can range from $500 to $5,000 and your license will be suspended for 1 year, with the possibility to apply for work/education hardship license after 3 months. Other punishments you may face are: probation, community service, vehicle impoundment, restricted travel, ignition interlock system, loss of job, insurance problems and alcohol treatment classes.
Your BAC
BAC stands for blood alcohol content and in Massachusetts, you are OUI if this goes over .08%. Police will measure your BAC through chemical testing (blood, breath or urine). You have a choice, however blood is the most accurate. Breath tests are usually conducted by police on scene because they are portable.
What is Field Sobriety Testing?
FSTs are used by police to “back up” their suspicions of your drunk driving. They can use the HGN (horizontal gaze nystagmus), the one leg stand or the walk and turn. The HGN tests for involuntary eye jerking as you follow an object with your eyes. The one leg stand and walk and turn test for balance.
Ignition Interlock
The court may require this machine to be installed in your car. It prevents you from driving drunk by having you breathe into the machine alcohol-free in order to start your car.
Hunt for the BEST OUI Lawyer!
While Massachusetts probably has an ample supply of talented lawyers, you need to find one who specializes in OUI cases. This is a complex field and changes quite often, so hire only the best OUI lawyer for you!