Attorney
A DUI arrest in Worcester County could result in severe consequences. If you are arrested for DUI, understanding the DUI legal process in Worcester and taking the necessary steps to protect your rights is crucial. DUI arrests should not be taken lightly. In this blog, our Worcester County DUI attorney discusses steps to take after a DUI arrest in Worcester County.
Understanding Your Rights During a DUI Stop in Massachusetts
You may have been lawfully stopped for suspicion of driving under the influence, but you still have rights. It is essential to understand your legal rights so you can exercise them during the DUI stop. Rights to know during a DUI stop in Worcester County include:
Right to Remain Silent
You must provide your name and contact details when requested. However, you are not obligated to answer other questions, such as where you have been or whether you have been driving. Politely tell the police officer you choose to remain silent.
Right to Refuse Field Sobriety Tests
Field sobriety tests (FSTs) are physical tests designed to help officers determine if someone is under the influence of alcohol or drugs. They include the one-leg stand test, walk-and-turn test, and horizontal gaze nystagmus (HGN) test. Refusing to take a field sobriety test limits the evidence that can be gathered during the DUI stop.
Refusing a Chemical or Breath Test
A portable roadside breath test is optional. You can refuse these tests without penalty. However, if you refuse a chemical or breath test after a DUI arrest, the Massachusetts Registry of Motor Vehicles (RMV) administratively suspends your driving privileges for a minimum of 180 days. You can challenge the suspension, but you must act quickly.
Right to Refuse Searches
Police officers can search your vehicle if they have probable cause that it contains evidence of a crime. However, you have the right to refuse consent to search your vehicle. Do not resist a search, but you can politely decline to consent.
Legally Avoid a DUI Checkpoint
You can turn around before reaching a DUI checkpoint if you follow all traffic laws and it is safe to do so. However, making an illegal U-turn or driving erratically could give officers a reason to stop you.
Right to Legal Counsel
It is not in your best interest to speak with the police or the prosecutor without an attorney. As soon as possible, ask to speak with a DUI defense lawyer.
You may face severe penalties, even for a first-time OUI in Massachusetts. A criminal defense lawyer works to protect your rights and freedom regarding the DUI arrest, a breathalyzer refusal, and other aspects of your case.
Massachusetts OUI Penalties for a DUI Arrest in Worcester County
Massachusetts General Laws Chapter 90 §24 makes driving with a BAC of .08% or higher illegal. It is also unlawful to drive while under the influence. The penalties for a DUI conviction in Worcester County depend on several factors, including the severity of the DUI charge, your prior criminal history, and any aggravating circumstances.
DUI penalties include:
- Fines
- Jail/prison sentences, including minimum mandatory sentences
- Driver’s license suspension or revocation
- Probation
- Driver’s alcohol education program
- Ignition interlock device
Someone with a first-offense OUI may be eligible for a 24D Disposition. This alternative sentencing option can avoid some of the harsher DUI punishments, including probation instead of jail time and a shorter license suspension. Talk with a Worcester County DUI defense attorney about your legal options after a DUI arrest.
Contact an Experienced Worcester County DUI Attorney
Early legal counsel is critical in a DUI case. Geraghty Law, LLC is a local defense firm familiar with the Worcester County District and Superior Courts.
Call us today to schedule a free case review with a Worcester County DUI attorney. We help clients protect their rights and best interests through personalized services and tailored legal defenses.
