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Boston Drunk Driving Laws
Driving under the influence of alcohol is a serious offense in Massachusetts, and the penalties can be severe. Massachusetts General Laws Chapter 90, Section 24 Artikels the laws governing drunk driving in the state.
The legal blood alcohol concentration (BAC) limit in Massachusetts is 0.08%. This means that it is illegal to operate a motor vehicle with a BAC of 0.08% or higher.
First Offense
A first offense drunk driving conviction carries a number of penalties, including:
- A fine of up to $500
- A license suspension of up to 30 days
- Up to 2.5 days in jail
Second Offense
A second offense drunk driving conviction carries more severe penalties, including:
- A fine of up to $1,000
- A license suspension of up to one year
- Up to 60 days in jail
Subsequent Offenses
Subsequent drunk driving convictions carry even more severe penalties, including:
- A fine of up to $2,500
- A license suspension of up to two years
- Up to two years in jail
Hiring a Boston Drunk Driving Lawyer
Hiring an experienced Boston drunk driving lawyer can significantly increase your chances of a favorable outcome in your case. These attorneys are well-versed in the intricacies of Massachusetts drunk driving laws and can provide you with expert legal guidance and representation.
Benefits of Hiring a Boston Drunk Driving Lawyer
* Increased likelihood of a reduced sentence or dismissal of charges
* Protection of your rights and interests throughout the legal process
* Access to expert witnesses and resources to support your case
* Peace of mind knowing that you have a skilled professional advocating for you
Finding the Right Lawyer for Your Case
* Look for an attorney with a proven track record of success in drunk driving cases
* Schedule consultations with several lawyers to find one who you feel comfortable with and who understands your needs
* Check online reviews and testimonials to see what others have said about their experiences
Potential Costs of Hiring a Drunk Driving Lawyer
The cost of hiring a Boston drunk driving lawyer can vary depending on the complexity of your case and the experience of the attorney. However, it is important to remember that the potential costs of a conviction, such as fines, jail time, and license suspension, can far outweigh the cost of hiring an attorney.
Defenses to Drunk Driving Charges
Facing a drunk driving charge can be a daunting experience. However, there are several defenses that may be available to you.
One common defense is to challenge the results of the breathalyzer or blood test. This may involve arguing that the test was not properly administered or that the results are inaccurate.
Another defense is to argue that you did not intend to drive while intoxicated. This may be the case if you were only planning to move your car a short distance or if you were unaware that you were over the legal limit.
Finally, you may be able to argue that there were exigent circumstances that justified your driving while intoxicated. This may include situations where you were driving to avoid imminent danger or to get medical help for yourself or others.
Challenging the BAC Test Results
Challenging the BAC test results is a common defense to drunk driving charges. There are several ways to do this, including:
- Arguing that the breathalyzer or blood test was not properly administered.
- Presenting evidence that the test results are inaccurate.
- Challenging the calibration of the breathalyzer or blood testing equipment.
Arguing Lack of Intent to Drive
In some cases, you may be able to argue that you did not intend to drive while intoxicated. This may be the case if you were only planning to move your car a short distance or if you were unaware that you were over the legal limit.
To successfully argue lack of intent, you will need to present evidence that you did not have the mental capacity to form the intent to drive while intoxicated. This may include evidence that you were under the influence of drugs or alcohol at the time of the incident or that you were suffering from a medical condition that impaired your judgment.
Proving Exigent Circumstances
Finally, you may be able to argue that there were exigent circumstances that justified your driving while intoxicated. This may include situations where you were driving to avoid imminent danger or to get medical help for yourself or others.
To successfully argue exigent circumstances, you will need to present evidence that there was a real and imminent danger that justified your driving while intoxicated. This may include evidence that you were being pursued by a dangerous person or that you were driving to get medical help for a seriously injured person.
The Court Process for Drunk Driving Cases
The court process for drunk driving cases involves several steps. The first step is the arraignment, where the defendant is formally charged with the crime and enters a plea. If the defendant pleads guilty, the judge will impose a sentence. If the defendant pleads not guilty, a trial date will be set.
At the trial, the prosecutor will present evidence to prove that the defendant was driving under the influence of alcohol. The defense attorney will present evidence to rebut the prosecutor’s case. The jury will then decide whether the defendant is guilty or not guilty.
Potential Plea Bargains
If the defendant is found guilty, the judge will impose a sentence. The sentence will depend on the defendant’s blood alcohol content (BAC), prior criminal record, and other factors. Common penalties for drunk driving include fines, jail time, and license suspension.
In some cases, the prosecutor may offer the defendant a plea bargain. A plea bargain is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence.
Sentencing Options
The judge has a wide range of sentencing options available for drunk driving cases. These options include:
- Fines
- Jail time
- License suspension
- Probation
- Community service
The judge will consider the defendant’s individual circumstances when imposing a sentence. The goal of sentencing is to punish the defendant, deter future drunk driving, and protect the public.
Consequences of a Drunk Driving Conviction
Drunk driving convictions can have severe consequences that extend beyond the immediate aftermath of an arrest. The penalties for a drunk driving conviction can vary depending on factors such as your blood alcohol concentration (BAC) level, whether you have any prior convictions, and whether anyone was injured or killed in the accident. However, even a first-time conviction can have a significant impact on your life.
Short-Term Consequences
The immediate consequences of a drunk driving conviction can include:
- Fines
- Jail time
- License suspension or revocation
- Impoundment of your vehicle
- Installation of an ignition interlock device
In addition to these penalties, you may also be required to complete alcohol education or treatment programs.
Long-Term Consequences
The long-term consequences of a drunk driving conviction can be even more severe. A drunk driving conviction can stay on your record for years, which can make it difficult to get a job, rent an apartment, or obtain certain types of insurance. You may also be required to pay higher insurance rates for years after your conviction.
In addition to these practical consequences, a drunk driving conviction can also have a negative impact on your personal life. You may lose the respect of your family and friends, and you may feel ashamed or embarrassed about your actions.
Resources for Support and Rehabilitation
If you have been convicted of drunk driving, there are resources available to help you. There are many support groups and treatment programs that can help you overcome your alcohol problem and get your life back on track.
The National Highway Traffic Safety Administration (NHTSA) offers a free and confidential helpline for people who are struggling with drunk driving. The helpline can provide you with information about treatment programs, support groups, and other resources. You can reach the helpline at 1-800-662-HELP (4357).
The National Council on Alcoholism and Drug Dependence (NCADD) also offers a free and confidential helpline for people who are struggling with alcohol problems. The helpline can provide you with information about treatment programs, support groups, and other resources. You can reach the helpline at 1-800-622-2255.
