Stopped for DUI in Massachusetts: 6 Things to Know
For drivers facing an OUI (Operating Under the Influence) charge for the first time in Massachusetts, there may be a choice for you and your criminal defense attorney to make. The state has a Continuance Without a Finding plea that could potentially be in your best interest. What is CWOF? The CWOF generally does not lead to more lenient penalties and is still an admission of guilt. However, what’s most important, according to attorneys, is what CWOF is not – it isn’t a conviction. While the fine and license suspension will be virtually identical to an OUI conviction, there is some significant benefit to the fact that CWOF is not a conviction. If you are applying for a job or for a state license or permit, you can truthfully answer that you have never been convicted. This option is only offered to first-time offenders with no previous criminal record and no aggravating factors in their OUI arrest. You and your attorney can then decide if that is the best choice in your case.
Before reaching that option, if you are stopped for DWI in Massachusetts, here are six things you should know.
1. Implied consent and sobriety testing
There are a couple of different tests that law enforcement officers frequently rely on in order to determine if a driver in Massachusetts is impaired. One of the most commonly used on the roads is the field sobriety test. This involves eye movements, walking a straight line and standing on one leg. DUI defense attorneys say drivers do not have to consent to this test, despite the Implied Consent Law. That law only requires drivers to consent to a chemical test if requested by a police officer with probable cause to suspect impaired driving. In fact, the state’s Implied Consent Law says that all drivers have already consented to the test – of blood, urine or breath – at the time they accepted their driver’s licenses. Chemical testing usually is conducted at a police station and the request indicates you have been arrested on suspicion of impaired driving.
2. Refusing the chemical test
Is it a good idea to refuse a request to submit to a chemical test? That question can be answered in detail by a Massachusetts DUI defense attorney. However, many point out that refusing the test comes with a stiff penalty and doesn’t have much of an impact on the state’s effort to convict you of DWI. The penalty for a first-time refusal is a six-month suspension. A second refusal punishable by a three-year suspension and a third refusal can result in a five-year suspension. What happens to your DWI if prosecutors don’t have a BAC reading? In many cases – nothing, according to defense attorneys. In fact, your decision to refuse the test will be introduced as evidence of your guilt.
3. Likely to be on video
Think about the impact that portable video cameras have had on the legal system in the past decade or two. That’s reason enough, criminal defense attorneys say, for drivers to assume their DWI stop is being filmed. More and more officers have dashboard cameras or miniature cameras as part of their uniforms. Don’t get into conversations or arguments with police officers because the video of the stop may make it look like you are agitated and possibly impaired. Instead, attorneys advise saying and doing as little as possible. Be polite, but drivers have every right to decline to get into a conversation or to agree to a search of their vehicle. They should, however, get out of the vehicle if asked.
4. More than .08 to worry about
Knowing the different limits that can lead to an arrest for drinking and driving in Massachusetts only makes sense. While the .08 BAC is known best and applies to the majority of adult drivers in the state, there are different legal limits for other classes of drivers. For example, Massachusetts legislators decided drivers with commercial licenses should have an even stricter limit, .04 BAC. That’s because of the potential danger if buses, trucks and 18-wheelers are involved in accidents. The most stringent limit is for drivers under the age of 21. They can be arrested for a BAC as low as .02, the equivalent of a single drink for many young people.
5. DUI penalties in Massachusetts
Massachusetts has DWI penalties that are among the toughest in the country. A first conviction is punishable by a fine between $500 and $5,000, the potential of up to 30 days in jail and a one year driver’s license suspension. For a second offense, no matter when it occurs, the penalty is a fine of up to $10,000, a minimum of 30 days in jail and a maximum of 30 months and a license suspension of up to two years. Depending on the circumstances of your case, a third offense can include even more stringent penalties: up to five years in prison, a fine of up to $15,000 and an eight-year driver’s license suspension. These penalties often include community service and alcohol education and rehabilitation, which can be ordered as part of any DWI sentence.
6. Total cost of a DUI in Massachusetts
One DWI defense attorney in the state has estimated the cost of a first conviction at $10,000 to $15,000 or more. That includes towing, which can vary from $150 to $1,000 depending on how many days the car has been stored; court costs and fines of between $150 and $1,000; alcohol education and/or treatment at a minimum cost of $300; attorneys fees, which can range from as little as $1,500 to more than $10,000. Attorneys fees and car insurance are the two biggest costs for most people convicted of DUI in Massachusetts. Car insurance will double or triple after a conviction and remain at that level for three to five years.
This article is for informational purposes only. If you need legal advice, you should consult an attorney.