Quincy DUI Lawyer
Notified of License Suspension in Norfolk County?
A person's driver's license is one of the most valuable possessions they can own. If you have been notified of suspension of your license, my firm can help prepare you for a DMV hearing so that you can fight the charges.
Flanagan & Associates can help you in two ways: The first is by preparing you for the hearing and informing you of what to expect. The second way that a Quincy OUI lawyer can help is by actually representing you at the hearing and being your advocate for the charges set before you.
Why Would My License Get Suspended?
The state of Massachusetts may take away a person's driving privileges automatically or upon a criminal conviction for any length of time. If the offense is serious enough, then the RMV may even permanently revoke a license. This is especially true when any one of the following offenses are combined with an OUI.
Automatic suspensions may stem from a number of situations. First, if a driver received three speeding violations within a year, then their license will be automatically suspended for 30 days, with a $100 reinstatement fee.
A driver who earns five surchargeable events, which are violations for which you receive points on your record, within three years will be required to get retrained within 90 days, or else they will get their license suspended indefinitely. If they get two more, for a total of 7 within three years, then that driver's license will be suspended for 60 days with a $100 reinstatement fee.
If someone becomes a habitual traffic offender, then they can be given a four year suspension with a $500 reinstatement fee. The RMV will classify a person as a habitual traffic offender if they commit twelve moving violations within 5 years; three major moving violations can also earn you the same penalties. Major violations usually involve criminal activity.
Those who have any automatic suspensions on their driving record when being accused of a DUI could face much stricter penalties.
If you were convicted of a criminal offense involving a vehicle, then the RMV may also take away driving privileges. For one, stealing a motor vehicle can earn a person a one to three year suspension, with a $500 suspension. A hit and run conviction that involved injuries can also involve a one to two year suspension with a $500 reinstatement fee.
A hit and run with property damage could incur license suspension for anywhere from 60 days to a year, with a $500 reinstatement fee. Driving with intent to endanger has the same penalties. Often these offenses are committed while someone is under the influence, which increases the likeliness of conviction with harsher consequences.
Some of the more serious criminal suspensions include motor vehicle homicide and vehicular manslaughter, which results in a 15 year to life suspension, and a $500 reinstatement fee if applicable. Driving under the influence of either alcohol or drugs could earn a person a year to life suspension, with an exorbitant fee of $1,200 to get a license reinstated.
Can I Lose My Commercial License After a DUI?
Commercial drivers are automatically subjected to stricter rules and regulations than non-commercial drivers. If you have a CDL, a DUI can have a major impact on your employment and your life. Here’s what you need to know.
Consequences of a First Offense DUI Charge
Any of the following offenses can result in a one-year loss of your CDL license:
- Refusing to take a breathalyzer test
- Conviction of a DUI
- Operating a commercial vehicle with a BAC of .04% or above
Since Massachusetts commercial driver’s license law is based on federal law, an out of state DUI conviction has the same impact on a CDL as if the offense occurred here. If you receive a first conviction for DUI while operating a commercial truck with hazardous materials, your CDL can be revoked for 3 years.
Consequences of a Second Offense DUI
If you are convicted of a DUI for a second time, you face a lifetime suspension of your CDL. Additionally, if you have been convicted of DUI and refuse a breathalyzer test during a second stop, you also face a lifetime suspension.
License Suspension Hearings for OUI
You only have 10 days to apply for a hearing with the DMV to challenge the license suspension. Your license will be suspended if you refuse a BAC test after being pulled over for suspected drunk driving. In the case that the BAC test is administered and it is 0.08% or above, the officer will provide you with a notice of driver's license suspension. The purpose of a hearing is to have your arrest records reviewed by a hearing officer.
If the officer determines that you were driving under the influence, your license may be sustained. By obtaining competent and reliable drunk driving defense from an OUI attorney in Quincy, there is a better chance that you may be able to protect your rights and your driving privileges.
Aggressive OUI/DUI Defense
Please feel free to contact Flanagan & Associates at your earliest convenience in order to receive a case evaluation. During the evaluation, we can provide reputable advice in regards to your situation. We are also available to answer any questions you may have in regards to the license suspension hearing.
You have options, even in this unfortunate circumstance, and it is our objective to make them known to you. If you need legal representation at your hearing following an OUI arrest in Weymouth or Quincy, our firm is available to you. Time is of the essence with serious legal matters such as these.
Contact a DUI attorney in Quincy today to schedule your free consultation!
In the state of Massachusetts, the Registry of Motor Vehicles (RMV) can suspend your driver's license for a number of reasons, from too many traffic tickets to Vehicular Homicide. License suspension is mandated by state law, with set suspension periods for many offenses.
For all aspects of your defense, you need an experienced Quincy criminal defense lawyer, knowledgeable in police protocol for OUI/DUI arrests and who will challenge the evidence against you. Attorney Dave Flanagan and his associates, have experience in all aspects of OUI-DUI defenses. I have a 9.7 Superb rating on Avvo. My goal is to achieve the best possible outcome for my clients.
For a first offense OUI/DUI, the RMV will suspend your license for 30 days with a Breathalyzer reading of .08 or higher. If you refuse the Breathalyzer, they will suspend your license for 180 days. There are no hardship licenses (permission to drive during certain hours to get to and from work) granted after Chemical Test Refusal (CTR).
You are entitled to a hearing to challenge the suspension, and you are entitled to counsel. You must appear for the hearing within 15 days of the CTR, or within 15 days of your arrest. It is best to have an attorney present at your hearing.
Defending License Suspension in Quincy
Criminal charges for OUI/DUI are addressed in a court of law. License suspension hearings are administrative proceedings conducted by hearing officers of the RMV. Options for your defense depend on the circumstances of your case. In addition to my experience practicing law, I have years of experience as a licensed private investigator. I know how to evaluate evidence, and I will be a fearless advocate in your defense.
Contact us if you have been arrested for OUI/DUI and face suspension of your license. I will aggressively defend your rights.
“Dave cares about every client and will cut no corners to get you what you deserve!”- Richard
“They are trustworthy and will keep your best interests in mind at all times.”- Kevin
“Dave and his team are the best. When it comes to people you want in your corner during the hardest times, they are exactly that.”- Joe