ATTORNEY ANSWER: Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that you are charged in to review the RMV’s decision and they can reverse the suspension.   If you have FAILED (.08 or greater) there is no procedure to appeal your license suspension, but after the expiration of 30 days (if over 21) you can get your
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ATTORNEY ANSWER: The police department should have confiscated your Massachusetts Driver’s License. There are no longer temporary licenses issued. Your license is suspended immediately. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.
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ATTORNEY ANSWER First Offense – 180 Days; Second Offense – 3 years; Third offense – 5 years; Fourth offense – Lifetime. Failure of Breath Test – 30 days. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts. Once your refusal failure suspension has expired, you are eligible to get your full license back for a reinstatement fee regardless of whether your case is still pending in court. If however, you decide to admit to the offense or go to trial
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ATTORNEY ANSWER: Once you are arraigned, the offense will be part of your record for the rest of your life. However, if you fight and win your Drunk Driving case your record will clearly reflect a Not Guilty or Dismissal and will not be used against you in any further criminal proceedings.
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ATTORNEY ANSWER: Contact us as soon as possible and prior to your Drunk Driving (OUI, DUI, DWI) arraignment, if possible. If you are not represented at the arraignment, the court will enter a plea of not guilty on your behalf or you should indicate to the Court if asked that you want to enter a plea of not guilty. The Court will then give you a date to return to court for a pre-trial conference. You should request a date in approximately two weeks.. There are no temporary licenses issued anymore. If you refused the breath test, you have 15
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ATTORNEY ANSWER: A CWOF means a Continuance Without a Finding. A CWOF is not a conviction, but the court will continue the case for a period of time and at the end of that period the case will be dismissed. However, for purposes of a Drunk Driving (OUI, DUI, DWI) it is considered a first offense and another offense will constitute a second offense with heightened penalties.
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ATTORNEY ANSWER: It is a driver alcohol education program wherein a person charged with a first offense OUI attends a class that usually meets one time a week and continues for a period of usually 16 weeks. The 24D program costs approximately $600.00.
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ATTORNEY ANSWER: The case will usually take 4 months to One year before it will be finished. Remember, time is on your side with Drunk Driving (OUI, DUI, DWI) cases because memories fade and officers frequently forget important details about your arrest.
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ATTORNEY ANSWER: No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government’s evidence.
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ATTORNEY ANSWER: Lifetime – Massachusetts will now consider offenses that occurred during your life. There are no exceptions.
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