DRIVING MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL AND OR DRUGS
February 17, 2017 admin
Driving in a drunken state, means operate of a vehicle under the influence of alcohol, marijuana, narcotics, depressants, stimulants, or glue fumes (OUI). Other terms that are often used in other states are: Driving While Intoxicated (DWI) or driving under the influence (DUI). All these terms mean the same.
When a person consumes alcohol, it takes time for the body to process it. As a result, alcohol can remain in the bloodstream for some time. There are different factors that can influence how long alcohol remains in the body. These include: body weight, the amount of alcohol and the length of time you’ve been drinking and the amount of food eaten before or while consumed alcohol.
The legal limit of alcohol in the body is measured by the content or Blood Alcohol (BAC) which is 0.08 for an adult. Anyone under 21 will be charged with OUI if the alcohol content in the blood is 0.02 or more. A 12-ounce beer, a glass of wine or 4-ounce serving of 1 ounce of liquor, may rise to 0.02 BAC. The more a person drinks in an hour, the higher goes the BAC level. There are many myths which say that coffee consumption or other resources may lower the BAC level, however, only time can reduce your BAC level.
A breath test measures the amount of alcohol in your body. The person has to blow into a tube that is connected to a machine, and then analyzes the infrared light amount of alcohol in the air from the lungs and prints number of BAC. If you refuse to take a breathalyzer test, your license will be automatically suspended for 120 days, in case of a second offense, your license will be suspended for 180 days, and the third offense will be suspended for one year.
What happens in an arrest for drunk driving in Massachusetts?
First, the detainee is accused. After the person has paid, or paid someone else to bail the person, the defendant is given a date to go to court and formally hear the charges against him or her and then file a return. This is the date of that person’s location. If the deposit is not paid, the accused is brought to court the next business day.
Second, if the detainee fails the breathalyzer test, the license is suspended for 30 days. Some weeks later, it is offered a plea bargain to the detainee, in a pre-trial conference. It is important that the next step is to talk to your lawyer about whether to take it or not. Doing so will be sentenced soon after. Not taking the deal, the case will go to trial.
Your attorney can file motions to obtain the necessary documents that can help strengthen your case when the time comes to go to trial. If you win your case, your case is over. If you do not win, you will have to appear at a sentencing hearing. The sentence may include: jail time, community service and fines or classes.
Potential penalties if you are convicted of DUI in Massachusetts
- First offense, jail time is up to 2 ½ years and fine of $ 500-5,000, suspension of driving license for up to one year, increased car insurance, probation and alcohol classes and / or drugs.
- Second offense, jail time is 30 days to 2 ½ years, a fine of $ 600-1,000, license suspension for up to two years, a requirement to install an interlock device in your car that disables the car engine if your blood alcohol level is 0.02 or greater, probation, and / or hospitalization in a treatment program against alcohol.
- Third offense, jail time is up to 5 years; a fine of up to $ 15,000, license suspension for eight years, and / or the Commonwealth of Massachusetts can take your vehicle and sell it.
- Fourth offense, prison terms are up to five years, a fine of up to $ 25.00, license suspension for ten years.
- Fifth offense, jail time is up to five years, a fine of up to $ 50,000, and the permanent revocation of license.
Common mistakes that are made after being arrested for DWI or OUI
- If found guilty, the sentence will affect your driving habits, insurance payments, and you could go to jail. If you do not attend court on the date assigned, will also get jail sentence.
- If you drive with a suspended license, you can end up in jail.
- Discussing your case with someone who is not your lawyer. Anything you say can be used against you in court.
- Hiring a lawyer that is not competent to your specific case.
Your right to drive is essential for living, for you and your family. If you have been DUI charged with any of the crimes mentioned above, it is important to seek legal representation immediately, so you know your rights and how to protect them. Discuss your case only in the presence of a lawyer and hire an experienced lawyer who is devoted to obtaining the best possible outcome for you.
In the state of Massachusetts, alcohol consumption by students in the secondary is a common problem: about 314,000 teenagers say they drink every year. In 2007, teenagers drank 15.4 percent of all alcohol sold that year. This is equivalent to $ 748 million in sales and $ 367 million in profits for the alcohol industry. Alcohol consumption may contribute to homicides, suicides, injuries, drowning, burns, and crimes to property, high risk sex, fetal alcohol syndrome and alcohol poisoning.
For people under 21 years of age it is illegal to drink alcohol, to buy or sell alcohol, and using a false identification to obtain it. This also includes driving a motor vehicle under the influence. The penalties for driving a vehicle while intoxicated include fines, license suspension and possible jail time. Other charges that occur in parallel with consumption of alcohol can include refusing to take a breathalyzer test, having an open container of alcohol in a vehicle, operating a motor vehicle to put others in danger and leaving the scene of an accident when someone has been injured.
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