DRIVING UNDER THE INFLUENCE
Driving under the influence (DUI) or driving while impaired (DWI) or most commonly drunk driving, is a common serious traffic offense in the State of Massachusetts. It is technically defined as the act of driving while impaired by or under the influence of alcohol and drugs. Note that the drugs part does not only include prohibited drugs but also those recreational drugs usually obtained from popular recreation centers such as bars and clubs. They also included those drugs prescribed by doctors which may cause impairment on the part of the driver in driving properly.
How is it determined?
Just like in most countries, sobriety checkpoints are found every now and then in several places with the aim to apprehending impaired drivers so as to avoid the possibility of road accidents which may be caused by such impairment.
These sobriety checkpoints usually consist of a roadblock of police cars which stop vehicles for routine checks. These policemen employ devices which can measure accurately an individual driver’s blood alcohol content (BAC). Certain ages have legalized amounts of BAC’s. Any excess thereof is penalized:
o 0.08% or higher―Drivers 21 years old or older operating regular passenger vehicles.
o 0.04% or higher―Drivers operating commercial vehicles.
o 0.02% or higher―Drivers younger than 21 years old.
Penalties for DUI
Penalties for this offense are overall grave. Depending on the frequency of the offense, penalties increase in number and intensity. The corresponding agencies may suspend, terminate, or revoke a driver’s license depending on the gravity of the offense. They may also subject a driver top education programs.
| FREQUENCY OF OFFENSE |
ADMINISTRATIVE PENALTY |
CRIMINAL PENALTY |
| First Offense |
License Suspension 45 to 90 days
License Reinstatement Fee ranging from $50-$1200 |
1 year license suspension
$500-$5000 fine
Jail of up to 2 ½ years
Alcohol Education Program |
| Second Offense |
License Suspension
License Reinstatement Fee ranging from $50-$1200
Mandatory installation of IID (Ignition Interlock Device) |
2 year license suspension
$600-$10000 fine
60 days – 2 ½ years jail time
Alcohol Education Program |
| Third Offense |
License Suspension
License Reinstatement Fee ranging from $50-$1200
Mandatory installation of IID (Ignition Interlock Device) |
Felony charges
8 year license suspension
$1000-$15000 fine
180 days – 2 ½ year jail or 2 ½ - 5 years prison
Mandatory installation of IID (Ignition Interlock Device)
Alcohol education program
Revocation of Vehicle Registration |
| Fourth Offense |
License Suspension
License Reinstatement Fee ranging from $50-$1200
Mandatory installation of IID (Ignition Interlock Device) |
Felony charges
10 year license suspension
$1500-$25000 fine
Up to 2 ½ years in jail or 2 ½ - 5 years in prison
Alcohol Education Program
Mandatory installation of IID (Ignition Interlock Device)
Revocation of Vehicle Registration
Forfeiture of Motor Vehicle |
| Fifth Offense |
License Suspension
License Reinstatement Fee ranging from $50-$1200
Mandatory installation of IID (Ignition Interlock Device) |
Felony Charges
$2000-$50000 fine
Up to LIFETIME License Revocation
Up to 2 ½ years in jail or 2 ½ - 5 years in prison
Revocation of Vehicle Registration
Forfeiture of Motor Vehicle
Alcohol Education Program |
| Offenses involving manslaughter (Accidents involving death under DUI) |
15 year license revocation (First Offense)
Lifetime Revocation (Second Offense) |
5-20 years in prison
Up to $25000 fine |
What to do?
Given the severity of the administrative and criminal penalties for drivers involved in DUI, it is more than imperative that one involved in it hire not only competent but also experienced lawyers in the field. Lawyers from our firm can help any driver by navigating through the justice system to find the best leeway to bring out the best outcome for the driver in question to avoid such harsh penalties.