Massachusetts Drunk Driving Laws » massachusetts drunk driving

Ignition Interlock Devices – Pitfalls And Problems

admin — Thu, 01 Apr 2010 14:24:55 +0000

Ignition Interlock Devices – Pitfalls And Problems

Touted as reliable, Blood Alcohol Ignition Interlock Devices are anything but. An Ignition Interlock Device is a cheap Breathalyzer which is connected to the electrical system of an offender’s vehicle. Before Driving, the interlock user must breathe into the device so that it can gauge his or her BAC (blood alcohol content) reading. If the driver’s BAC is .020 or below, the device allows the engine to start. However, if the driver’s BAC is .021 or above, the car will not start. Once the car starts, the driver must periodically breathe into the device. If the device registers a BAC which is over a pre-set limit, a “rolling re-test violation” will occur. These rolling re-tests are designed to insure that the driver is not drinking while driving and he or she did not have someone else provide the initial breath sample.

In Massachusetts, an Interlock Device is required for anyone whose license has his or her license twice suspended in Massachusetts or any other jurisdiction for Drunk Driving or certain other alcohol related offenses. There has been agitated debate about ignition interlock devices in Massachusetts since their inception. These devices were required for drivers who reinstated their Suspended License or were on hardship licenses, effective January 1, 2006. Although some claim interlock is the answer to many DUI issues, many experts point out that the device is faulty. Attorney Brian Simoneau has documented numerous instances of false positive readings. False alcohol readings have resulted in 10 year and lifetime license suspensions. .

The ignition interlock device is not completely problematic. Like any debatable item, the device has its benefits. For instance, by preventing people with a high BAC from driving, the device may possibly keep the roads safer and less prone to accidents during certain hours where heavy drinking is the norm. The Registry of Motor Vehicles and Board of Appeal should feel more comfortable granting hardship licenses to individuals with interlock devices. Interlock Devices should allow multiple offenders to keep their jobs so they can live their lives and support their families.In a perfect world, that may be enough, but this world is not perfect, and the device is considerably flawed. The IID is rarely
1000
granted to alcoholics, but often first time offenders who have made a mistake.

The interlock devices used in Massachusetts use fuel cell technology. This is considerably less reliable than the infra-red technology used in police breathalyzers. These devices are not alcohol specific and a variety of substances other than alcoholic beverages will register as alcohol. For example, Attorney Simoneau has personally handled cases were common substances such as protein bars, cough drops, cinnamon, baked goods, perfume, hairspray, and favored coffee has registered as alcohol. Attorney Simoneau has also handled cases were the interlock device has registered alcohol and the driver immediately went to a hospital or police station for a comparison blood alcohol test. In every instance, these tests and/or police observations completely contradicted the faulty ignition interlock device. These are only a few examples of the many problems associated with interlock devices. Other problems include defective equipment, frayed cords, and rejection of breath samples.

The ignition interlock device is not a reliable device, and it relies on the “guilty until proven innocent” mindset. That is not what this country’s legal system is supposed to represent. No device that can so easily mistake items like baked goods, protein bars, mouthwash, and cough drops for alcohol should be relied upon to suspend someone’s license for 10 years or life. The sensor tests BAC through an oxidation reaction to the breath, unlike the more reliable infrared spectroscopy used in evidentiary breathalyzers. Therefore, drivers are given a sub-par machine that can potentially label them a criminal and destroy their lives. A person should be innocent until proven guilty, but with an unreliable detector, the opposite is true.

Hopefully you are now more educated on this matter. Before the laws evolve any more, the existing laws need to be perfected. No one should ever be charged for a violation which they have not committed and until these devices are proven to be more accurate, they should not be blindly relied upon to suspend someone’s license.

By: Attorney Brian E. Simoneau

Article Directory: http://www.articledashboard.com

The Law Office of Brian E. Simoneau handles
ignition interlock violations and
Massachusetts Hardship License cases. RMV Lawyers also handle Dui Cases and breathalyzer refusal suspensions.

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Melanies Law

admin — Thu, 11 Mar 2010 21:24:00 +0000

Massachusetts Drunk Driving Melanie’s Law Summary

OUI while operating after a suspension for a previous OUI offense.

1-year minimum mandatory sentence – 2 ½ years imprisonment in a house of correction and a fine of $2,500 – $10,000.
1 year License Suspension

No person shall employ an individual with a Suspended License as a motor vehicle operator.

1st Offense = up to a $500 fine
2nd Offense = up to 1 year imprisonment in a house of correction and/or a fine up to $1000
License and/or registration suspension up to 1 year

No person shall allow a vehicle owned by him/her or under his/her control to be operated by an unlicensed person.

1st Offense = 1 year imprisonment in a house of correction and a fine of not more than $500
2nd Offense = 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
License and/or registration suspension up to 1 year

No person shall allow an individual with an Ignition Interlock restriction to operate a vehicle not equipped with the device.

1st Offense = 1 year imprisonment in a house of correction and a fine of up to $500
2nd Offense = up to 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
License and/or registration suspension up to 1 year

Operating a motor vehicle under the influence of alcohol with a child 14 years of age or younger in the vehicle.

1st Offense = 90 days – 2 ½ years imprisonment in a house of correction, and a $1,000-$5,000 fine.
2nd Offense = 6 months – 2 ½ years in a house of correction and a fine of $5000 – $10,000, or 3-5 years in a state prison
1st Offense = 1 year license suspension
2nd Offense = 3 year license suspension

Cancelation of the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the duration of the suspension period.

District Attorney can to seek forfeiture of a motor vehicle for any defendant convicted of a 4th or subsequent alcohol-related driving offense.

Chemical Test Refusal or Failure eliminates the allowance of a 15-day temporary license. In addition, the operator’s vehicle will be impounded for 12 hours.

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Why You Need a Massachusetts OUI Attorney

admin — Thu, 11 Mar 2010 21:20:00 +0000

This article explains why you need a Massachusetts OUI Attorney if you are charged with a OUI in the state of MA.

If you made a bad decision of Driving intoxicated, and you get pulled over and charged with a OUI, you need to find a Massachusetts Oui Lawyer and you need to find one fast. Drunk Driving is a very punishable offense in the state of MA and an experienced MA defense Dwi Attorney is the only person that you want representing you. Their knowledge of the Oui Laws can help you get the least possible sentence for your offense.

If you are booked with a OUI in Massachusetts, your license will be suspended immediately upon arrest. In order to keep your license and to stay out of jail if you can, you need an attorney.

If it is your first offense, a Massachusetts Oui Attorney can most likely keep your out of jail and keep the fines to a minimum; all depending on the severity of your actions. You might even be able to have a smaller fine with community action service instead of jail time. There will most likely be different classes that you will be required to attend or even victim impact panels. All of these are options that a qualified attorney can use to barter with.

With the number of Ma Oui Lawyers to select from, it could be a very difficult decision as to who to represent you. First and for most you need legal consul that knows Ma Dwi law and has experience with cases. Most firms will specifically list on their web site or yellow pages if they do OUI representation. Contact only the ones who do, but you need to find out how many cases they have represented and what the outcomes were.

You should make a few different inquiries to see which Law Firm leaves you with the best impression. Were they prompt to your request? Did you feel that your case would be a priority with them?

The laws and consequences of driving while intoxicated in Massachusetts are very strict. Fines and sentences can be life changing. You can minimize the impact on your life, but to do it, you need to make sure that you have an experienced effective Massachusetts OUI attorney.

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How to Find a Massachusetts DWI Attorney

admin — Thu, 11 Mar 2010 21:17:00 +0000

An article describing the best qualities to look for in a Massachusetts DWI Attorney.

If you are in the situation of being incarcerated in MA for a DWI, you must be up to speed on the Ma Dwi Laws. Drunk Driving Laws vary from state to state and you need to know specifically what you are up against. Most of us are not completely versed in MA laws, so you need to find a Massachusetts Dwi Attorney who specialized in the Drunk Driving laws of Massachusetts.

Having legal representation before your court appearance cannot be stressed enough. Soliciting the help of a Massachusetts DWI attorney can mean the difference of thousands of dollars in fines, extended jail time and driver license suspensions.

The faster you get legal consul the more beneficial it will be for you. This should be the first call you make and as soon as the arrest happens. The internet can be a great resource for you or even the yellow pages. If a Law Firm specializes in Dwi Law, they will usually have a page referencing the fact or mention it in their ad. If they don’t go to the next, it’s important. If there is a specific page on DWI you will usually be able to fill in contact information or email so you can get a fast response.

With Dwi Penalties mounting up to thousands of dollars, extended jail terms and driver License Suspension, you definitely need to go with an experienced attorney. You need to know what their successful rate is and the number of cases that they have represented. How fast do they get back to you, do you feel like you would be a priority and how tough was it to get in touch with them? All factors that you need to keep in mind when picking an attorney.

If you do have the misfortune of making the mistake of drunk driving, it’s imperative that you get representation ASPS. It’s you need make sure that you have experience and secure legal representation.

A Dwi Conviction will turn your life upside down. You have made a big mistake and you will have to pay the consequences. Retaining a qualified Massachusetts DWI attorney can make the difference in how much you will have to pay and how severe any jail time or license suspension will be.

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DUI in MA

admin — Thu, 11 Mar 2010 21:15:00 +0000

Being arrested over for a Dui In Ma is not smart. This is a brief overview of what you can expect.

No matter what state you are Driving in, Drinking And Driving is being taken very seriously. This is no exception in the state of Massachusetts. Cracking down on DUIs is fast becoming a priority across the country. Drunk Driving has been one of the leading causes of traffic fatalities and damage to property caused by vehicles.

Massachusetts takes very strict actions if you are convicted of DUI .

It doesn’t take much alcohol to reach the limits in MA:
• .08 or greater blood alcohol content
• If your under 21 it drops to .02 or greater blood alcohol content

Law Officers are given special training to spot drunk driving and also on how to detect symptoms of DUI. They do not need a lot to justify pulling you over and enacting sobriety test.

If you are convicted of a DUI in MA the penalties will be immediately and can be harsh. First offences can range from fines of up to $5,000, with jail time up to 2.5 years and License Suspension for 1 year. Multiple DUI offences can range from fines up to $50,000, jail terms up to 5 years, license can be permanently revoked, and if it is a 3rd offense or more, it can be considered a felony.

Massachusetts also has the Melonie’s Law on the books too. These laws come to play if you are arrested for driving on a suspended Dui License. If convicted, the Melonie’s Law can impose jail time from a mandatory 1 year up to 2.5 years. Fines of $2,500 to $10,000 and a 1 year license suspension.

The long and short of things is that drinking and driving is extremely dangerous to you, others and property. If pulled over and convicted, it can have life changing consequences. If you do find yourself being prosecuted for DUI in MA, you will immediately want to find consul that specialized in Dui Law. You do have rights, and you can minimize the consequences of your actions.

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Massachusetts DUI Laws

admin — Thu, 11 Mar 2010 21:11:00 +0000

Massachusetts Dui Laws are some of the strictest of all the states. This is a brief summary of what the laws include.

All states across the country are cracking down on Drunk Driving and making it a very serious offence. Police officers are specially trained to spot evidence of even the slightest amount of drinking and will act if they suspect that you might be even close to the legal limit.

Massachusetts Laws are set up to discourage getting behind the wheel if you have been drinking and if you do, there can be some harsh consequences.

What are the legal limits to be considered DUI?

.08 or greater blood alcohol content
.02 or greater blood alcohol content if you are under 21

If you are pulled over and convicted according to Massachusetts Dui Laws you will be prosecuted based on the following: (fines and sentences subject to change)

1st Offense – Fines from $500 to $5,000. Jail terms up to 2.5 years. Drivers license revoked for 1 year.
2nd Offense – Fines from $600 to $10,000. Jail terms 30 days up to 2.5 years. Drivers license revoked for 2 year.
3rd Offense – Considered a felony. Fines from $1,000 to $15,000. Jail terms 150 days up to 5 years. Drivers license revoked for 8 year.
4th Offense – Considered a felony. Fines from $1,500 to $25,000. Jail terms 1 to 5 years. Drivers license revoked for 10 year.
5th Offense – Considered a felony. Fines from $20,000 to $50,000. Jail terms 2 to 5 years. Drivers license revoked for life.

If you have a Suspended License and your are pulled over for a DUI, you will also be prosecuted according to the Melanie’s Law.

Sentence of min 1 year mandatory to 2.5 years jail term.
$2,500 to $10,000 fines
1 year License Suspension

Driving Under The Influence is a very risky venture. You have the potential to cause serious harm to yourself, others and property. It’s not worth the gamble. If you are pulled over for DUI, you need to immediately contact an attorney who specializes in Massachusetts DUI Laws. You will be prosecuted and you need to know your rights and options.

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Massachusetts DUI Lawyer

admin — Thu, 11 Mar 2010 21:01:00 +0000

A Massachusetts Dui Lawyer is your first and only call if you are arrested on a serious crime such as a Dui In Massachusetts. Know what your up against.

Drunk Driving Laws are taken very seriously in the state of Massachusetts and it is something that you do not want to flirt with. The long and short of it is: You should never drink and drive. The slightest driving mistake can be reason to be stopped by the police. Officers are highly trained to sense alcohol and the responses of being over the limit. They will be able to tell if “I only had a few” is the truth and whether or not sobriety testing is called for.

Finding a good Massachusetts Dui Lawyer who can protect your rights, get the evidence, and negotiate on your behalf may be the difference between freedom and jail.

Massachusetts Drunk Driving Laws defined short and sweet:

A blood alcohol content of.08 or greater OR
A blood alcohol content of.02 or greater if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

A first time offence can be sentenced up to $5,000 in fines, up to 2.5 years in jail, and driver License Suspension of one year. Repeat offences can carry a felony charge with fines up to $50,000, five years in jail and a lifetime suspension of your license. If you hurt or kill someone, these penalties go to a whole new level.

If you are arrested for Massachusetts Drunk Driving and you have an already Suspended License you will also be prosecuted accordingly to the Melanie’s Law. If you fall into this category, you will want to see the Melanie’s Law Summary.

If you have made the misjudgment of driving over the limit, the first thing that you need to do is to retain an Lawyer who specializes in the laws of Ma Dui. Acting fast and being informed of your rights and options can make the different of thousands of dollars and years of incarceration.

A Massachusetts DUI Lawyer is your best option and should be your first option that you request upon your arrest.

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Massachusetts OUI

admin — Thu, 11 Mar 2010 20:52:00 +0000

Laws in Massachusetts OUI are some of the tightest in the country. This is a brief overview of what they are and what you need to know.

Drunk Driving has been the target for law enforcement and criminal courts all across the country. Massachusetts is no exception and they have some of the toughest laws on the books.

Massachusetts OUI penalties start from the first offense.
First Offense

Fine: $500 to $5,000
Jail: No minimum to 2.5 years
Driver’s License Suspension: one year
Sentences a first OUI offense can get be reduced by completing a state-approved alcohol education program. This is only for the first offense.

Second Offense

Fine: $600 to $10,000
Jail: 30 days to 2.5 years
Driver’s license suspension: two years

Third Offense (felony)

Fine: $1,000 to $15,000
Jail: 150 days to five years
Suspension: eight years

Fourth Offense (felony)

Fine: $1,500 to $25,000
Jail: one to five years
Suspension: 10 years

Fifth Offense (felony)

Fine: $20,000 to $50,000
Jail: two to five years
Suspension: lifetime

If you are Arrested For Drunk Driving in MA and you have an already Suspended License you will also be prosecuted accordingly to the Melanie’s Law. If you fall into this category, you will want to see the Melanie’s Law Summary.

Drinking And Driving is fast become a combination that has almost zero tolerance if you cross the line. In Massachusetts that line is:

A blood alcohol content of.08 or greater OR
A blood alcohol content of.02 or greater if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

If you have made the misjudgment of driving over the limit, the first thing that you need to do is to retain an attorney who specializes in the laws of Massachusetts OUI. Acting fast and being informed of your rights and options can make the different of thousands of dollars and years of incarceration.

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Massachusetts DUI Attorney

admin — Thu, 11 Mar 2010 20:50:00 +0000

A Massachusetts Dui Attorney is your best option if you are arrested on a serious crime such as a Dui In Massachusetts. Know your rights.

Drunk Driving Laws are taken very seriously in the state of Massachusetts. You should never drink and drive. The slightest driving error can be cause to be pulled over. Police are specially trained to smell alcohol and the symptoms of being over the limit. They will be able to sense if “I only had a few” is really the truth and whether or not sobriety testing is called for.

Finding a good Massachusetts Dui Attorney who can protect your rights, get the evidence, and negotiate on your behalf may be the difference between freedom and jail.

Massachusetts Drunk Driving Laws define Driving Under The Influence as operating a motor vehicle with:

A blood alcohol content of.08 or greater OR
A blood alcohol content of.02 or greater if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

A first time offence can be sentenced up to $5,000 in fines, up to 2.5 years in jail, and driver License Suspension of one year.

If you have made the misjudgment of driving over the limit, the first thing that you need to do is to retain an attorney who specializes in the laws of Ma Dui. Acting fast and being informed of your rights and options can make the different of thousands of dollars and years of incarceration.

A Massachusetts DUI Attorney is your best option and should be your first option that you request upon your arrest.

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Massachusetts DWI

admin — Thu, 11 Mar 2010 20:41:00 +0000

Massachusetts Dwi laws are some of the strictest in the country. You need to know what they are and want your rights are.

Massachusetts Dwi Law states that a BAC, or Blood Alcohol Concentration of .08 or above, than it is not legal for you to operate a motorized vehicle. Doing so, you open yourself up for a possible Dwi Arrest.

Ma Dwi Laws Summarized

Massachusetts Dwi Laws rules Driving under the influence as driving a vehicle with:

A blood alcohol content of.08 or higher
A blood alcohol content of.02 or higher if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

Massachusetts Laws penalties consists of fines, probation, jail terms, and driver’s License Suspension for 1 year for first time offenders. Repeat convictions will equal heavier penalties and could raise the convicted driver to felony degree charges.

Under Massachusetts DWI law, you can have the right not to be tested for alcohol levels, this might not be in your overall interest to do. By not taking the tests, you will most likely just move to a warrant being issued to have the blood test done, and will increase the likelihood of having your license suspended for the greatest time allowed by the DWI laws.

The best option to reduce the penalties the most to retain a good Dwi Attorney. Following your arrest, it must be the first thing on your list to do immediately. Having a great number of attorney available, it shouldn’t be a overwhelming job.

The expertise of an experienced Lawyer know what to do to be able to minimize the factors against you. You will have a better understanding of the Massachusetts Dwi Laws that apply with their help.

It’s imperative that you know the issues that you are confronted with now, and what penalties you can be charged with in the future too.

It doesn’t matter the charges that you might be guilty of, you do have the right what will happen in your court case. You also need to know how you can repair the charges in the best means possible. In the event of a verdict being overturned, retaining a lawyer to aid is definitely the best person to make that happen.

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