The Office of Alcohol Testing Withheld Testing Data – What Does it Mean for You?

On August 31, 2017, the Massachusetts Secretary of Public Safety, Daniel Bennett, directed his legal staff to investigate why the Commonwealth had failed to produce important documents in the case of Commonwealth v. Ananias, et al. What they...

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What is Considered a Felony DUI in Massachusetts?

First and second-offense DUIs are misdemeanors in the state of Massachusetts. Third offenses and any subsequent offenses are considered a felony DUI. However, there are some exceptions to these rules. First and second offense DUIs can become...

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Massachusetts DUI and Ignition Interlock Devices

In Massachusetts, anyone with two DUI convictions or more must install an ignition interlock device in their car as a precondition to license reinstatement. A person with multiple DUIs cannot have their license reinstated or receive a hardship...

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Can I Face a Massachusetts DUI Charge Without a Lawyer?

There is an old maxim: “A lawyer who represents himself has a fool for a client.”

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DUI Arrests and Miranda Rights in Massachusetts

Under Massachusetts law, the police must read you your Miranda rights before they subject you to “custodial interrogation.”

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Can Fatigued Driving Lead to DUI Charges?

Fatigued or drowsy driving is a common cause of crashes, property damage, injuries, and death across the country. Laws regarding fatigued driving vary state by state, however. Some states, like New Jersey, consider an individual who operates a...

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What to Do When Charged with DUI While Not Driving

In Massachusetts, an individual can be charged with OUI even if they are not actually driving the vehicle.  If the car is parked, stopped, or even idling on a “public way” or a place where the public “has a right of access as invitees or...

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Facing a Massachusetts DUI with an Out of State Prior DUI

If you received an out of state prior DUI conviction and are now facing a DUI charge in Massachusetts, the old conviction counts as a prior offense under Massachusetts law. Your Massachusetts DUI charge will then be charged as a second offense....

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The DUI Process in Massachusetts – What Happens Now

When you’re suddenly facing DUI charges, it can be difficult to figure out what’s next. This is especially true if you’re facing a first time DUI charge and you’ve never had to deal directly with the criminal justice system. The DUI process in...

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What to Expect if You Refuse to Take a Breathalyzer Test in MA

The police do not require chemical evidence to arrest you and charge you with DUI. They may determine that you are “impaired” simply by observation during field tests and their own judgment. In Massachusetts, you can refuse to take a breathalyzer...

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