In Massachusetts, the legal limit of alcohol is 0.08 for an adult and 0.02 for anyone under the age of 21. A Breathalyzer test measures the amount of alcohol in your lung and prints out a BAC number. If you agree to a Breathalyzer test, two will be administered and if the results are within .02 of each other the test is considered valid. If you refuse a Breathalyzer test your license is automatically suspended for 120 days for a first offense. Regardless of whether or not you have taking a Breathalyzer test, or a field sobriety test, being charged with OUI/DUI is not a matter that you should attempt to handle yourself. The consequences of being charged with OUI/DUI are life altering, expensive and can include prison time.

The penalties for a guilty finding of OUI are:

First offense – A fine of $500 – $5,000, license suspension for up to one year, jail time up to 2 ½ years, an increase in insurance rates, probation, and/or inpatient admission to an alcohol treatment program.

Second offense – Jail time of 30 days to 2 ½ years, a fine of $600 $1.000, license suspension for up to two years, an interlock device installed on your car to reinstate your license, probation and/or inpatient treatment in an alcohol treatment program.

Third Offense – Jail time of up to five years, license suspension for eight years and fines of up to $15,000.

Fourth Offense – Jail time of up to five years, license suspension for ten years, fines of up to $25,000.

Fifth Offense – Jail time of up to five years, permanent license revocation and fines of up to $50,000.

There are defenses to an OUI/DUI charge, as a former police officer and detective, Attorney Nolan is familiar with the tactics and language in reporting an arresting officer will use to describe their belief that you were driving under the influence. Even if you have taking a Breathalyzer test there are ways to fight OUI/DUI charge in court. There are regulations that the police must comply with prior to administering the test. Your license is essential to you and you should not take an OUI/DUI charge lightly. Whether you were pulled over, behind the wheel of a parked vehicle with the engine running, or involved in an accident contact our office to schedule an appointment with Attorney Nolan whose trial skills are unsurpassed when it comes to defending OUI/DUI cases.