Boston DUI Lawyer

Aggressive Defense for DUI Charges in Boston, Massachusetts

An individual can be charged with Driving Under the Influence (DUI) if they operate a vehicle while intoxicated. In the state of Massachusetts, DUI is often referred to as OUI (operating under the influence), and the penalties can vary widely depending on whether this is your first, second, or third offense.

After being charged with DUI, it is important that you contact the Boston DUI attorneys at Gens & Stanton, P.C.. Our DUI defense professionals can help give you the best opportunity at helping you keep your license.

MA DUI Laws

In Massachusetts, driving under the influence (DUI) is a serious offense. It is illegal to operate any motor vehicle while impaired by drugs or alcohol and there are severe penalties for those found guilty of DUI.

Adults 21 or over can be charged with DUI if their blood alcohol concentration (BAC) registers at 0.08% or more. Drivers who are under the age of 21 can be charged with DUI with a BAC of 0.02% or more.

What are the Penalties for MA DUI/OUI?

The penalty for a first-time DUI conviction in Massachusetts can include fines up to $5,000, imprisonment up to two and a half years, or both.

• License suspension or revocation of up 1 year for a first offense (reduced with the taking of an alcohol education course), up to 2 years for a second offense and up to 8 years for a third offense
• Mandatory alcohol education, assessment & treatment
• Possible confiscation of the convict's vehicle
• Possible installation of an Ignition Interlock Device in the convict's vehicle - required for repeat offenders

Can I Refuse to Take the Breathalyzer Test in Massachusetts?

Massachusetts law states that individuals operating a vehicle give consent to take a breathalyzer test or other chemical test to help determine if they are driving under the influence. If you refuse to submit to a test, the law outlines penalties for refusing to do so.

Therefore, while you are allowed to refuse the test, you must be aware that there are serious consequences in doing so.

Penalties for Refusing a Breathalyzer in Massachusetts

The consequences for refusing to submit a chemical test are:

• First offense: 180-day license suspension
• Second offense: 3-year license suspension
• Third offense: 5-year license suspension

Can I Expunge a DUI in Massachusetts?

If you got DUI, you may be wondering if it can be expunged from your criminal record. The short answer is No. A DUI is not a crime that can be expunged in Massachusetts. Once you have a DUI on your record, it is there to stay. However, you may be able to seal your DUI.