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OUI/DUI Frequently Asked Questions in the State of Massachusetts

Facing charges for an OUI or a DUI is an incredibly overwhelming experience and, oftentimes, many individuals feel resigned to defeat and assume that their future is over. While these are absolutely serious charges that should not be taken lightly and the resulting consequences of a conviction can reverberate throughout your life, this is not as bleak a situation as you might think. With experienced legal assistance on your side, you can stand a real chance of challenging any charges levied against you.

In the meantime, take a moment to read our list of some of the most frequently asked questions regarding OUIs and DUIs. Knowledge is the best kind of power to have, especially during such dire moments.

Frequently Asked OUI/DUI Questions

  1. Can I win my case even if I failed the breathalyzer case? It is a common misconception that, if you fail your breath test, it means that you are automatically going to lose your case. Breathalyzer results are successfully challenged regularly and it is not uncommon for the results to be inaccurate, given the number of variables involved. It is possible that the machine was not properly calibrated or that the administrating officer did not use it in an appropriate manner. A skilled criminal defense attorney will know what questions to ask and what kind of evidence to look for.
  1. Will I be able to obtain a hardship license for a first-time charge? Those who are facing their first drunk driving offense in Massachusetts are eligible for a hardship license after the case is resolved. If you took a breathalyzer test and failed, the suspension would be for 30 days and you would be eligible to get your license back after the 30-day period. Within three business days, you would be eligible for a hardship license though this is contingent upon the completion of an alcohol education program, a legitimate need for one, and for medical or educational purposes.
  1. What happens to my license after a first offense? Depending on whether you failed the breath test or refused to take it at all, the consequences for what happens to your license in the aftermath might vary. For example, if you refused to perform the breath test, you would face a 180-day license loss, assuming you do not have any prior convictions and are over the age of 21. If you are under the age of 21, a refusal of this test will result in a 3-year license suspension.
  1. How will a CDL license be impacted by a drunk driving conviction? If you are convicted of drunk driving in Massachusetts and have a CDL, you will face a suspension of that license. For a first-time offender, you can receive a one-year suspension if: you refused to submit to the breathalyzer test, you were convicted of a DUI or OUI, you were operating a commercial vehicle with a BAC that was over .04, or you left the scene of an accident while operating your commercial vehicle.
  1. How long does it take to take an OUI case to trial? On average, most of these cases take anywhere from 6 months to a year to complete. If a breath test was involved, the case could potentially take longer since there is an extra step in the process that will require a hearing to challenge the test’s admissibility. The length of your case could also be impacted by how busy the court is or if other complicated issues are involved in your case.

OUI & DUI Defense Attorney in Quincy

If you are facing DUI or OUI charges, your future and driving privileges are at stake and it is critical that you obtain skilled legal representation to ensure they are well protected. At Flanagan & Associates, our criminal defense attorney is dedicated to protecting your rights and ensuring you have the best possible chance at achieving the most favorable outcome for your case.

Learn how we can protect your rights and driving privileges and contact us today at (781) 332-4344 to request a free case evaluation.