Boston Drunk Driving Defense Attorney
Operating a motor vehicle with a blood alcohol level of .08 percent or higher is a crime in all U.S. states. Massachusetts is no exception, and the penalties can be severe. Even a first-time conviction for DUI/OUI in Massachusetts can result in up to two-and-a-half years in jail, a suspended license, and $5,000 in fines.
Get the right attorney, right now
Having a qualified criminal lawyer on your side is imperative. Dedham criminal defense lawyer John E. DeVito has represented clients in DUI/OUI cases for three decades. He has taken over 100 DUI/OUI cases to jury trials and handled an additional 100 cases in jury-waived trials and has an extremely high success rate.
DUI/OUI in Massachusetts
Society has little patience for DUI/OUI offenders, and neither do most district attorneys—especially in Massachusetts. These cases are rarely dismissed, as most district attorneys prefer taking a case to trial and risking a loss. As a former district attorney, Mr. DeVito knows this tactic well and is adept at developing appropriate defense strategies for his clients.
In order to convict a defendant for DUI/OUI, the Commonwealth must prove beyond a reasonable doubt that the defendant—
- Operated a motor vehicle
- Drove on a public street or way in which the public had a right to access (i.e. parking lots)
- Was under the influence of alcohol or drugs
The best defense is a skilled defense attorney
In 2005, Massachusetts passed Melanie's Law. Under the statute, drivers who refuse a Breathalyzer will have their license suspended for a minimum of six months to a maximum of life depending on their prior convictions. Additionally, drivers convicted of drunk driving but granted a hardship license must have an interlock ignition device installed in their car. The interlock ignition device is a small Breathalyzer that measure's the driver's blood alcohol level before the vehicle will start. If a driver has a blood alcohol level of .02 or higher, the vehicle will not start. Results are automatically recorded and submitted to the Registry of Motor Vehicles every 30 days.
If you are facing DUI/OUI charges in Massachusetts, Dedham criminal lawyer John DeVito can help.
An individual found guilty of DUI/OUI may have their motor vehicle license suspended as follows:
- First offense - 1 year suspension (an alternative disposition is available that allows a suspension from 45 to 90 days)
- Second offense- 2 year suspension
- Third offense - 8 year suspension
- Fourth offense - 10 year suspension
- Fifth offense - Lifetime suspension
Drivers who fail a breathalyzer test are subject to the following penalties:
- 30-day suspension if over the age of 21
- 210-day suspension if 18 to 21 years of age
- 1 year plus 30 days if under the age of 18 (an alternative disposition is available)
Additionally, if an individual over the age of 21 refuses a breath test, the consequences include:
- First offense - 180 days
- Second offense - 3 years
- Third offense - 5 years
- Fourth or more offenses - Lifetime
Drivers under the age of 21 who refuse a breath test are subject to more severe penalties.
Contact John E. DeVito, Esq. today
An experienced Quincy criminal defense attorney like Mr. DeVito can ensure that your rights are protected in the event that you are charged with a DUI/OUI. Mr. DeVito represents clients in Boston, Dedham, Wrentham, Stoughton, Quincy, Waltham, Woburn, Newton, Framingham, Natick and other cities in Middlesex & Norfolk County, MA. For immediate assistance, contact John E. DeVito, Esq. at 866-935-3693 today.