Massachusetts DUI Law : Mass Lawyer & Attorney for Drunk Driving Arrests in Boston, Worcester, Framingham

In the recent DUI case of Virginia v. Harris (PDF), the United States Supreme Court refused to hear a case regarding the Virginia Supreme Court's decision to reverse a drunk driving conviction because the police officer who stopped Harris did so based on an anonymous tip and he did not witness any swerving or motor vehicle violations.

The highest court in Virginia ruled that stopping Harris without observing any erratic or illegal operation, based solely on the anonymous tip, violated his 4th Amendment constitutional protection against unreasonable search and seizure. It seems that by deciding not to hear the case, the U.S. Supreme Court was essentially tacitly agreeing with the Virginia court. However, Chief Justice John G. Roberts, Jr. and Justice Antonin Scalia strongly dissented with the majority decision of the Court. The dissenting justices claim that

[t]he effect of the rule below will be to grant drunk drivers ‘one free swerve’ before they can legally be pulled over by police...

In numerous cases, Massachusetts courts had previously established that an anonymous tip generally cannot justify a motor vehicle stop by police. However, this general rule is not without exception and, in some cases, the police will be justified in stopping a motor vehicle based on a citizen's report, even where the officer might not have observed erratic or dangerous driving. Nevertheless, this is an important issue in any Massachusetts DUI case and a skilled attorney may be able to suppress evidence and obtain a dismissal or not guilty verdict on the basis that an anonymous tip did not provide sufficient justification to infringe on a driver's constitutional right to be free from unreasonable searches or seizures.

• Email This
• Print
• Comments (4)
• Trackbacks

A first offense Massachusetts DUI conviction carries a one year license suspension. However, in most cases, it is possible to reduce this 1 year suspension to 45 days. This license suspension reduction is done under the First Offender Program which is also known as the 24D program. This alternative disposition allows for prompt consideration for hardship licensing and a continuance without a finding of the OUI charge instead of a DUI conviction.

A key component of a 24D disposition is that the driver be placed on probation for not more than two years and that he or she completes a 16 week out-patient driver alcohol education program.

The First Offender Driver Alcohol Education Program costs approximately $600.00 and consists of 40 hours of classes over a 16 week period. It is a psycho-educational program which is designed to reduce DUI recidivism by increasing the knowledge of drinking behavior and the dangers associated with operating under the influence. The 24D program begins with an evaluation and intake, after which clients are given enrollment confirmation which they may use to apply for a hardship license. The 24D first offender program uses an educational rehabilitation model which is comprised of 32 hours of group sessions, 4 hours of AA attendance, and 4 hours of attendance at an approved victims forum. If a client drops out of the 24D program, the Registry of Motor Vehicles will immediately revoke any hardship license. At the conclusion of the program, an exit interview is conducted and the client is advised about steps additional treatment and aftercare options, if necessary. Clients are provided with a certificate of completion which can be introduced at Registry of Motor Vehicles and Board of Appeal hardship license hearings.

The 24D program is offered by licensed treatment providers at locations throughout Massachusetts. Probation Departments will provide program information when the First Offender Program is granted by the court.

• Email This
• Print
• Comments
• Trackbacks

Massachusetts DUI Defender Michael D. Brennan recently achieved a not guilty verdict for a 37 year old central Massachusetts man who was facing a felony DUI 3rd offense charge. Attorney Brennan was able to convince a jury in Concord District Court that the man who was arrested by State Police for DUI should be found not guilty.

A Massachusetts State Trooper stopped the man when he observed a vehicle being driven on Route 2 with extensive damage to the windshield. In his DUI report, the Trooper reported making the following observations:

As I attempted to catch up to the Escort I observed it swerve into the breakdown lane nearly striking the guardrail. The entire vehicle was in the breakdown lane and was traveling at approximately 70 Miles Per Hour. It then jerked back into and across the first travel lane so that the left two tires had crossed into the second lane. I pulled behind the Escort and activated emergency lights and siren. The operator of the Escort then hit the brakes very hard nearly causing me to crash into him. He swerved into the break down lane and came to a stop.

The Trooper further noted that the driver’s eyes were red and glassy and there was a “heavy odor of an alcoholic beverage emanating out of the car.” He claimed that the driver admitted to having consumed a bottle of Jack Daniels. The driver performed field sborienty tests, which the trooper claimed that he failed. The driver refused to take the breathalyzer test.

This was a huge victory for the client and his family. A 3rd offense OUI conviction will result in mandatory jail time an 8 year license suspension, and required use of the ignition interlock device. Attorney Brennan’s effective DUI defense avoided all of this. You can reach Attorney Brennan via e-mail: brennan@massduidefenders.com. 

• Email This
• Print
• Comments
• Trackbacks

Under Melanie’s Law, all second or subsequent DUI offenders are required to have an approved ignition interlock device installed in any vehicle which the DUI offender owns, operates, or leases. This requirement applies to DUI suspensions which were imposed on or after January 1, 2006, the effective date of the ignition interlock provision of Melanie’s Law. Interlock devices produced by Consumer Safety Technology (CST), Draeger, Guardian, LifeSafer Interlock, Sens-O-Lock, and Smart Start.

Interlock is required for any hardship or full license issued as a result of a second or subsequent DUI offense. Ignition interlock required drivers must have the device installed for the entire term of any hardship license and for a two year period after getting a full license reinstatement.

The ignition interlock installation is a multi-step process which begins with obtaining clearance to drive, either with a Massachusetts hardship or full license. This clearance is obtained by going to a hearing, either at the Registry of Motor Vehicles or Board of Appeal. Once the driver is approved for either a hardship or full license, the driver must go to the Registry of Motor Vehicles to begin the ignition interlock installation procedure. This process begins by meeting with a Registry Hearing Officer who will review the driver’s record and confirm that he or she is eligible for either a full license reinstatement or a hardship license.

Once the Registry Hearings Officer confirms eligibility, he or she will give the driver an “ignition interlock package.” This package contains forms and affidavits which must be signed in the presence of a notary public. Also included in this package is a list of approved ignition interlock instillation locations. The driver should select an ignition interlock vendor and bring his or her vehicle to the installation location so that the device can be installed. While the device is being installed, the user will receive training on how to operate the device.

Once installation is complete, the driver should bring proof of installation to a Registry of Motor Vehicles hearing officer. The hearing officer will then issue the driver a license with a Z (ignition interlock) restriction. The driver can now legally drive his or her interlock equipped motor vehicle.

In cases where the driver does not own a vehicle and/or needs to get insurance, he or she should have the vehicle towed to the installation facility or driven there with a general registration plate, such a dealer plate. The driver would then have the device installed, get his or her license reinstated by showing proof of installation to a RMV hearing officer, go to his or her insurance company with the RMV-1 form, show the insurance agent that he or she is now licensed, get the RMV-1 form stamped by the insurance company, go back to the RMV and get the vehicle registered, and finally return to the ignition interlock facility and put the new plates on the vehicle.

Interlock required drivers who live out of state can have the device removed, or not installed, so long as they prove out of state residency and sign an affidavit stating that they live out of state and will not drive in Massachusetts without the ignition interlock device.

For interlock-required drivers who live in Massachusetts, there are no absolutely exceptions or ways to avoid the ignition interlock device. If a driver is legally interlock required, he or she must have the device for a minimum of 2 years. If there are violations, the Registry will extend the interlock requirement for a minimum of 6 months.

Interlock required drivers must have the device inspected, maintained, and monitored monthly. If the results of the monthly monitoring show certain alcohol readings, the driver will be called into the Registry of Motor Vehicles for an interlock violation hearing, which could result in a 10 year or lifetime license suspension. If you are facing an ignition interlock violation, please contact me. I have an outstanding track record in the area of interlock violation appeals and I have proven that the ignition interlock device is unreliable and registers false positive readings.

• Email This
• Print
• Comments (1)
• Trackbacks

I often get inquiries regarding the consequences of out of state DUI convictions for Massachusetts residents. Because of the interplay between the Massachusetts DUI law and the other state’s laws, getting a hardship license or a full reinstatement in this situation can be complicated and confusing.

Here are the steps which you must follow:

First, you have to clear the out of state license suspension. This is also known as the National Driver Registry or NDR suspension. The NDR is a nationwide database of license suspension and revocation information. It allows states to exchange information regarding drivers who are suspended or revoked. The purpose of the National Driver Registry is to prevent drivers who are suspended or revoked in one state from getting a license in another state. You can clear the NDR revocation in Massachusetts by providing the following three items to the Massachusetts Registry of Motor Vehicles - all documents must be originals, on letterhead, and not more than thirty (30) days old.

1. You need to provide a certified copy of your driving record in the other state. You can usually request this on-line.
2. Then, you must provide a clearance letter from the other state’s Registry, RMV, or Department of Motor Vehicles stating that you are clear to drive again in that state.
3. Lastly, you must provide a certified copy of the court docket from the other state showing the charges and the result.

Once you provide the above-listed three documents to the Mass. RMV, the NDR suspension will be taken off of your license. However, the law requires the Registry to treat out of state offenses committed by Massachusetts license holders or residents as if they had occurred in Massachusetts. This means that the Registry of Motor Vehicles will penalize you for the out of state OUI as if it had occurred in Massachusetts. The same holds true for other motor vehicle violations such as driving to endanger, and driving on a suspended or revoked license. All of these offenses will trigger automatic Massachusetts license suspensions. These Massachusetts suspensions will be in addition to any suspensions or revocations imposed in the other state.

For example, if you were arrested for First Offense DWI in New Hampshire and you either had a Massachusetts license or you were a Massachusetts resident, the New Hampshire DMV will automatically notify Massachusetts that your right to drive in New Hampshire has been suspended. This electronic notification will trigger the Massachusetts RMV to automatically send a letter to you stating that your Massachusetts License will be suspended because of the New Hampshire NDR suspension.

Once you clear the suspension by providing the three documents listed above, the Massachusetts Registry of Motor Vehicles will remove the NDR suspension from your record and suspend your license for one (1) year for the New Hampshire DUI. This one year DUI suspension will be in addition to any other suspension or penalty imposed by New Hampshire.

It may be possible to reduce this one year suspension to 45 days, with the ability to get a Massachusetts Hardship License. However, in cases involving out of state DUI charges, the Massachusetts Registry will not consider any hardship license unless and until you have completed the required alcohol program. It does not matter whether you take the program in another state or here in Massachusetts. If the DUI occurred in another state, the Registry will not grant any hardship license until the program has been completed.

As you can see an out of state DUI can have very harsh consequences in Massachusetts. However, with skilled legal representation, you can increase your chances of getting a hardship license or reducing the length of your out of state DUI license suspension.  

• Email This
• Print
• Comments (1)
• Trackbacks

The family of Melanie J. Powell, the teenager who was killed by a drunk driver, has been lobbying intensely at the statehouse for the passage of Senate Bill 1925, which would strengthen Melanie’s Law by requiring the OUI First Offenders to use the Ignition Interlock Device.

The Ignition Interlock Device is a breath testing device which is installed in DUI offenders’ vehicles to prevent the vehicle from starting if alcohol is detected on the driver’s breath. Ignition interlock readings are reported back to the Registry of Motor Vehicles and interlock violations can result in 10 year or lifetime license revocations.

Under the current version of Melanie’s Law, ignition interlock devices are required for second or subsequent drunk driving offenders. The new law would expand the requirement to those convicted of a first offense OUI so that first offenders would be required to use the ignition interlock device for the entire term of any DUI hardship license and for six months after getting a full license.

A hearing was recently held at the Statehouse regarding the proposed legislation. Senator Sen. Robert Hedlund, a Weymouth Republican introduced the Bill and Senator Steven A. Baddour, D-Methuen co-sponsored the bill. It is predicted that the Joint Committee on the Judiciary will recommend that the bill ought to pass and send it to the full Senate for a vote. It will then go to the Massachusetts House of Representatives for consideration.

If the bill passes, Massachusetts will join 11 other states which require all DUI offenders to use the ignition interlock device.

• Email This
• Print
• Comments
• Trackbacks