No one plans to get stopped on suspicion of DUI, but it happens more often than you might think. A momentary mistake or misunderstanding can quickly lead to serious consequences. Massachusetts law sets clear rules for determining impairment, but the process isn’t always as straightforward as it seems. For many, the experience raises questions about what law enforcement is looking for and how their rights come into play. Knowing what to expect can make a real difference if the unexpected happens.
The Legal Definition of DUI in Massachusetts
In Massachusetts, driving under the influence (DUI) means operating a vehicle while your ability to drive is impaired by alcohol, drugs, or a combination of both. The law sets a legal blood alcohol content (BAC) limit of 0.08% for most drivers. For commercial drivers, the threshold is stricter at 0.04%, while drivers under 21 face even harsher limits under the state’s zero-tolerance policy.
Importantly, impairment isn’t limited to alcohol. Massachusetts law also applies to drugs, including prescription medications and marijuana, if they affect your ability to drive safely. Even if your BAC is below the legal limit, you can still face charges if law enforcement determines you were impaired.
How Law Enforcement Determines Impairment
Law enforcement officers use several methods to determine if a driver is impaired by alcohol or drugs. These evaluations begin with the officer’s observations during a traffic stop and often involve a combination of physical, behavioral, and chemical tests.
Common methods include:
- Field Sobriety Tests: Field sobriety tests assess impairment through tasks like walking in a straight line, standing on one leg, or following an object with your eyes.
- Breathalyzer Tests: This device measures your BAC by analyzing your breath. A result of 0.08% or higher typically leads to a DUI charge.
- Blood Tests: In some cases, blood tests may be used to confirm the presence of alcohol, drugs, or both.
Officers also consider subjective factors, such as slurred speech, the odor of alcohol, or erratic driving behavior, when determining impairment.
Legal Consequences of a DUI Charge in Massachusetts
A DUI charge in Massachusetts can result in severe penalties, affecting your finances, driving privileges, and freedom. The consequences depend on the specifics of your case and any prior offenses.
For a first offense, you could face fines between $500 and $5,000, a license suspension of up to one year, and up to 2.5 years in prison. A second offense increases penalties to larger fines, a two-year suspension, and possible jail time ranging from 60 days to 2.5 years. Third and subsequent offenses carry fines up to $15,000, an eight-year suspension, and mandatory jail sentences.
In addition to these penalties, a DUI conviction can raise insurance rates and harm employment prospects, underscoring the importance of addressing these charges effectively.
Possible Defenses to a DUI Charge
When facing a DUI charge, several defenses may challenge the validity of the case against you. The right defense strategy depends on the details of your situation but may include the following:
- Unlawful Traffic Stop: Law enforcement must have a valid reason, such as a traffic violation or erratic driving, to pull you over. If no reasonable suspicion existed, the stop may be deemed invalid, and evidence collected during it could be excluded.
- Inaccurate Test Results: Breathalyzers and field sobriety tests are not foolproof. Calibration issues, medical conditions, or environmental factors can lead to false readings.
- Procedural Errors: Any failure by law enforcement to follow proper procedures, such as mishandling evidence or neglecting to inform you of your rights, could weaken the prosecution’s case.
These defenses highlight the importance of thoroughly examining the circumstances of your arrest to build a strong case.
How We Can Help You
At Geraghty Law, LLC, we understand how overwhelming a DUI charge can feel. The legal process often brings stress and uncertainty, especially when so much is at stake. Our team is here to guide you through each step, ensuring you receive the representation you deserve.
We carefully examine every detail of your case, from the initial traffic stop to the evidence law enforcement relies on. Whether it involves questioning the validity of a field sobriety test or the accuracy of a breathalyzer, we work to identify weaknesses in the prosecution’s case. Our goal is to protect your rights and ensure you are treated fairly, always prioritizing your best interests.
Contact an Experienced Massachusetts DUI Defense Attorney
A DUI charge doesn’t have to define your future. With the right legal support, you can protect your rights and work toward the best possible outcome. If you’re facing a DUI in Massachusetts, contact Geraghty Law today. Let us provide the guidance and advocacy you need to move forward with confidence.