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

There appears to be some confusing regarding the program utilized for DUI second offenders in Massachusetts. This program differs from the 16 week out-patient 24D Program which is designed for DUI First Offenders. This post will briefly explain the alcohol treatment program which 2nd offenders must complete. Individuals who are convicted of or plead out to a 2nd offense DUI in Massachusetts are assigned by the courts to a two-week alcohol education program. Operated by the Middlesex Human Service Agency, the DUlL or Driving Under the Influence of Liquor Program is a 14-day residential program for individuals who are referred by their probation officer for intensive alcohol and/or drug education and treatment. Individuals attending the program receive a comprehensive substance abuse evaluation, individual and group counseling, alcohol and drug education, and self-help meetings. The DUIL program is operated out of the Saunders Building at Tewksbury State Hospital, which is located at 50 Apple Hill Dr, Tewksbury, MA 01876. The phone number is (978) 863-0048. Michael Kennedy is the DUIL Proggram Director and you may reach him via e-mail: DUIL@MHSAInc.org.  

Upon completion of the DUIL program, a certified alcohol counselor will issue a certificate of completion and generate a Discharge Summary &. Aftercare Plan. This document will include a risk of recidivism. Everyone initially receives a “high” recidivism classification. However, the Discharge Summary &. Aftercare Plan will contain treatment recommendations, such as the completion of a 26 week out-patient program. At the conclusion of the recommended aftercare, another Discharge Summary is completed. This document is often considered for the purposes of deciding whether or not to grant a hardship or work license. A low risk of recidivism will increase the chances of obtaining a DUI hardship license. For more information, visit the Massachusetts DUIL Program website.

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Writing for the Berkshire Eagle, Reporter Conor Berry has reporetd that in September, Judge Richard Sullivan of the Worcester District Court will hear testimony in a case being followed by DUI attorneys across Massachusetts. The case involves a Massachusetts DUI Lawyer’s request for the “source code” of the Draeger Alcotest 7110 MK III- C, the breathalyzer which all Massachusetts Police Departments use.

The source code is essentially the computer program used to operate the Draeger Alcotest breathalyzer. The computerized set of instructions which comprise the breathalyzer’s source code govern all aspects of breath alcohol testing and breathalyzer operation. If the source code is flawed, breathalyzer results may be excluded at drunk driving trials across Massachusetts. In the State of Florida, source code defects were found which resulted in the breathalyzer reporting results when it was not supposed to, because the breath sample was inadequate. Also, breath samples which should have been accepted were improperly rejected.

Draeger, the breathalyzer manufacturer, has been resistant to attempts to obtain the source code, claiming that it is proprietary and a “trade secret.” I’ve personally spoken to Draeger employees about the issue and they claim that even if the source code is ultimately released, it will be in a format which even the best Massachusetts DUI lawyers will not understand. According to the Berkshire Eagle, Draeger is now willing to release the source code to the Commonwealth of Massachusetts. A court order would force the state’s DUI prosecutors to turn the information over to Mass. DUI defense attorneys.

Obtaining and analyzing the breathalyzer source code could be a boon for Massachusetts DUI lawyers. Breathalyzer results often form the central piece of evidence in a DUI prosecution and these devices are not infallible. False positives can result from diabetes, exposure to paint thinners, and even being on the Atkins Diet. DUI defense lawyers are, therefore, rightfully seeking an opportunity to learn exactly how the electronic devices work by having an expert analyze the computer program which controls the machines. Source code discovery requests have been successful in Florida, Georgia and New Jersey. Hopefully, Massachusetts will soon be added to the list.

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Massachusetts DUI Lawyer Paul B. Watkins, a former police officer and Drug Recognition Expert (DRE) appeared as guest speaker before the Essex County Bar Association Advocates tonight. He addressed a group of Essex County DUI Lawyers regarding effective cross-examination of quasi-expert police officer witnesses who are certified as drug recognition experts.

Massachusetts DUI prosecutors have attempted to utilize police officers as expert witnesses for their opinions as to whether or not a DUI defendant was under the influence of drugs. Mainly due to the growing number of DUI arrests nationwide, there is no greater use of police officers as expert witnesses in criminal trials than in this relatively new area of drug recognition. A new class of Massachusetts Drug Recognition Experts just graduated and more classes have been scheduled. These police officers will be on the streets, eager to apply their training by making arrests for OUI Drugs.

In cases where a driver suspected of drunk driving may exhibit signs and symptoms of intoxication, but a preliminary breath test (PBT) shows little or no alcohol, the arresting officer may call for a police officer specially trained in the area of drug recognition in order to further the investigation. This officer is later called as a witness and allowed to give his or her “expert” opinion regarding whether or not the DUI defendant was operating under the influence of drugs. In Massachusetts, the crime of DUI drugs carries the same harsh penalties as DUI alcohol. These include license suspensions, fines, fees, probation, mandatory use of the unreliable ignition interlock device for repeat offenders and, in some cases, incarceration.

At tonight’s meeting, Paul instructed the Massachusetts DUI lawyers on how to aggressively defend against DUI Drugs by cross-examining police officers who have been trained as Drug Recognition Experts. Just as it takes specialized training to arrest and effectively prosecute those suspected of DUI Drugs, it takes the same type of training to successfully defend against those charges. As a former police officer who has made a number of DUI arrests and Drug Recognition Expert,

Attorney Paul Watkins will be valuable resource for Massachusetts DUI Lawyers. In addition to representing DUI defendants in cases across the Commonwealth, Paul will make himself available to testify as a defense expert witness in DUI drug cases throughout New England. His unique education, training, background, and experience will help level the playing field so that the prosecutors are not the only ones with a Drug Recognition Expert at their disposal.
 

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In a recent news report, Fox News of Chicago recently exposed the inaccuracies of the Breath Alcohol Ignition Interlock Device. Fox News reported that “DUI Breath Interlock Devices Frequently Malfunction,” and it mentioned documented examples of mouthwash, pizza crust, bread, English muffins, and even hot dogs causing false positive alcohol readings on ignition interlock devices.

The Illinois interlock program has been criticized because malfunctions and inaccurate readings have discouraged drunk driving offenders from joining the IID program. Massachusetts drivers have no choice. The ignition interlock provision of Melanie’s Law requires mandatory use of the interlock for at least 2 years after getting a full license reinstatement, for second or subsequent DUI offenders. It is required during the entire length of any hardship license for drivers with two or more DUI convictions on their records.

In Illinois, the penalty for ignition interlock alcohol readings is a 3 month license suspension. In Massachusetts, alcohol readings result in 10 year or even lifetime loss of license. The State of Massachusetts has the harshest ignition interlock penalties in the country, with 10 year and lifetime license revocations based on alcohol readings from an inaccurate and unreliable device that was never designed to be an evidentiary breathalyzer.

It is nice to see that the news media recognizes some of the problems associated with these devices and that Fox News of Chicago has the courage to report on the difficulties and lack of scientific accuracy associated with ignition interlock devices. The news story recognized that there is not a lot of sympathy for those who suffer with the ignition interlock device.

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