Many times, someone who is picked up for Operating Under the Influence (OUI) is heading to court for the first time in their lives. When they get arrested, there is not a clear explanation of what to do. Many attorneys will tell you not to take the breath test. I am in that camp however, when you do refuse to do a breath test, is is important to know what will happen. I am specifically referring to a first offense in Massachusetts. The number of offenses increases the consequences and I am only licensed to practice law in MA so I won't speak to other jurisdictions. I am a trial attorney at heat and prefer to fight for a win but it is important to know all consequences.
By refusing the breath test, the registry of motor vehicles will immediately suspend your license for 180 days. Your license may be re-instated if your case is dismissed or you are found not guilty after a trial but many times 180 days will go by during the time that it takes to go to trial. There is a program known as MGL ch. 90 s. 24D, which is a disposition that may be attractive to first-time offenders. Under this statute you are agreeing that there may be enough evidence to convict you at trial, but instead of pleading guilty, you are agreeing to a Continuance Without a Finding (CWOF). This means that after a probationary period, an out-patient class, and several fees, your case will be dismissed. The court will impose an additional loss of license of at least 45 days. The good thing about this program is that subsequent to your intake for the class, you may apply for a hardship license to get to work or pick up your kids and your driving record is relatively clean. This is done at the RMV.
If you do take the breath test and you are arrested, you will lose your license for 30 days but this may make your case harder to prove. If offered an initial breath test at the scene and you blow over.08%, DO NOT take the breath test back at the police station, The initial test is inadmissible at trial.
If you do go to trial and are found guilty, you can face up to 2 1/2 years in a house of correction, $5000.00 in fines and a 210 day loss of license or some combination. It is important that you speak with a competent defense attorney right away if you or someone you know is arrested of OUI. Call the defense team at the Law Offices of Boyle and Carbone today! (978) 342-3422
No comments:
Post a Comment