Driving Under the Influence Laws in Massachusetts

Frequently asked Questions

What Happens if I Get a DUI While on Probation?

You will face the new charge as well as a probation surrender proceeding on the case for which you were on probation. 

DUI Issues for CDL Holders

Obviously, charges are much more serious for professional drivers because of the license loss issues.  If you take the breathalyzer and fail (over .08), you lose your license for 30 days, plus, an additional 45 days if you plea bargain for the alcohol education program.  The 30 days ends and the 45 days starts at the time of disposition, so resolving the case at the arraignment can shorten the time without a license.  As an example, if you are arrested on Saturday and blow a 1.1, they take your license for thirty days.  If you plea bargain on Monday, the thirty days ends and a 45 day period begins.  

Once you resolve your case and enroll in the program, you may qualify for a hardship license.

If you refuse the breathalyzer on a first offense, you lose your license for six months.  Without a breathalyzer, the Prosecution will have a harder time proving your guilt.  If you are acquitted before the six months is up, a judge can recommend reinstatement of your license.

Is a DUI a Felony or a Misdemeanor?

1st and 2nd offenses without injuries are misdemeanors.  Subsequent offenses are felonies.

Arrested for a DUI: Am I Going to Jail?

For a first offense with no injuries, probably not.  A second offense carries a mandatory hospitalization or jail sentence.  All subsequent offenses carry mandatory prison sentences.

Is it Really Possible to Beat a DUI if I Was Over the Limit?

Yes.  However, it is complicated, there are no guarantees,  and it may require retaining expert witnesses.

What are my Plea Options in a DUI Case?

On a first offense without injuries, a so called 24D disposition is almost always available.  This entails probation, attendance at an alcohol education program, and a typical 45 day loss of license.  If you take the breathalyzer and fail (over .08), you lose your license for 30 days, plus, an additional 45 days if you plea bargain for the alcohol education program.  The 30 days ends and the 45 days starts at the time of disposition, so resolving the case at the arraignment can shorten the time without a license.  As an example, if you are arrested on Saturday and blow a 1.1, they take your license for thirty days.  If you plea bargain on Monday, the thirty days ends and a 45 day period begins.   If you refuse the breathalyzer, you lose your license for six months and the 45 days is issued consecutively, or after the six months.

On a second offense without injuries, plea bargaining for the two week hospitalization is usually available, along with a two year license loss.

Subsequent offenses carry mandatory prison sentences.

Massachusetts also imposes fines, probation supervision fees, and program costs.

How Do I Get My License Back After a DUI Arrest?

When the suspension is complete, you must appear at a Registry Office with a hearing Officer.  After being cleared for reinstatement by the Hearing Officer, you apply and pay a reinstatement fee.

What Options Do I Have to Reduce a DUI Charge?

It is very limited.

How to Avoid Conviction after a DUI Arrest?

If you fail the breathalyzer, it makes it much more difficult to avoid a conviction.