Massachusetts DUI Attorney Blog

New York will require ignition interlock devices for all first-time drunk drivers, the New York Times reported.

Under current Massachusetts law, ignition interlock devices are not required unless a defendant is convicted of a second or subsequent offense. The devices require a vehicle's owner to pass an alcohol breath test before a vehicle will start. New York is the latest state to make them mandatory for all offenders. The ever-increasing penalties for drunk driving convictions make it critical to hire an experienced Massachusetts OUI defense attorney to challenge a drunk driving charge. First-time offenses often can be taken to trial with little risk. Escalating penalties for subsequent offenses make it more important than ever to keep a first offense off your record.

New York's zero tolerance police will take effect Aug. 15. Anyone convicted of violating the state's drunk driving law will be required to install an ignition interlock breathalyzer device for a minimum period of at least six months.

New York is the 10th state to require the devices for all first-time offenders. Drivers must also pay a monthly lease fee of $70 to $110 and an installment fee of up to $100. The state has an average of 25,000 drunk driving arrests annually, including about 4,000 in New York City.

The devices have a low tolerance for alcohol. In New York, they will prevent a car from starting if a blood-alcohol level of .025 is detected, or about one-fourth of the legal limit of .08. Attempting to fool the devices by having someone else blow into them is a misdemeanor offense. And some devices are installed with a camera and require a rolling re-test after a period of 5 to 15 minutes, in an effort to make them more difficult to fool.

A failed test results in a beeping horn and an increasingly loud noise from the unit. It can also be programmed to restrict driving hours.

Continue reading "New York mandates interlock devices for first time OUI offenders" »

As a Massachusetts drunk driving criminal defense attorney, I was surprised to see that the Stoughton police made five intoxicated driving arrests in one day recently. As is routine in Massachusetts OUI cases, all five had their driver's licenses seized. All of the drivers were released on bail or on their own recognizance.

Most of the arrests were for first OUI offenses. But one 49-year-old Stoughton man was arrested on a second and more serious drunk driving charge. Around 2 a.m. on Feb. 20, a Stoughton police officer spotted a vehicle speeding on Central Street. He also heard a loud noise and realized that both passenger-side tires had blown out, causing them to smoke as the vehicle moved. When the officer stopped this driver, he found an open container of an unspecified type of alcohol. Richard Eugene Tweedy was charged with having an open container in a motor vehicle, as well as with a second-offense OUI. He was arraigned in Stoughton District Court and will have to return to court in April.

The help of an experienced Massachusetts OUI lawyer is crucial in a case like this, because the penalties for a second OUI are more severe than for a first offense. With a conviction for a second-offense OUI, drivers face mandatory 30-day jail sentences. They lose their licenses for two years -- not just one -- and must wait 18 months rather than three before they're eligible for a hardship license that lets them get to work or school. If they do get the hardship licenses, they must install ignition interlock devices, at their own expense, in their vehicles for two years. They also are required to go to alcohol or drug treatment and, at the judge's discretion, can even serve up to two and a half years of jail time. There are exceptions, but by far the best way to avoid these harsh second-OUI penalties is to avoid having a first OUI to begin with. That's why you should hire an Massachusetts OUI defense attorney to handle any first charge, before it can set you up for harsh, avoidable penalties down the road.

Continue reading "Stoughton Man Charged With Second Offense OUI in Stoughton District Court" »

Under Massachusetts DUI law, a first offender convicted of an OUI will generally suffer a 45 day loss of license and be required to complete and alcohol education program known as the 24D program. It is only with a second offense OUI conviction that Massachusetts imposes the requirement that a motorist have the ignition interlock device installed prior to restoration of a Massachusetts driver's license.

Proposed legislation in Congress if passed would deny federal highway funds to states that do not impose ignition interlock requirements on 1st time DUI offenders. Numerous states have already begun to require ignition interlock devices for 1st offense DUI convictions.

What is often overlooked in the debate over the interlock device is the cost to the operator of installing the device, such as the costly installation fee and monthly service fees. The debate over the expansion of the ignition interlock device makes it crucial to avoid a 1st offense conviction for DUI because even if your conviction occurs prior to any change in the law, the Registry of Motor Vehicles may still require the installation of the ignition interlock device, either because your license has not been reinstated or as a condition of renewal of a drivers license. Since most judges impose essentially the same disposition even after a conviction after trial, the importance of retaining an experienced Massachusetts DUI lawyer has never been more important and is crucial to preserve your driver's license.

A motorist convicted of a second offense Massachusetts DUI appealed to the Massachusetts Appeals Court, claiming that the requirement that he install the ignition interlock device in his vehicle prior to reinstatement violated his rights under the State and federal constitution. Under Massachusetts statute, any motorist convicted of a second or greater offense DUI in Massachusetts or any other state, is required to have an ignition interlock device installed in their vehicle for two years prior to reinstatement of a Massachusetts driver's license.

In the case of the Registry of Motor Vehicles v. Gordon, the motorist had been convicted of a First offense Massachusetts OUI in 1989 and received a second offense conviction in 2003. The motorist was eligible for reinstatement in December of 2005, but did not seek reinstatement until January of 2006, two days after the ignition interlock component of Melanie's law went into effect.

The court rejected the motorist's challenges to the ignition interlock requirement for second offense OUI convictions and upheld the statute against Constitutional challenges. The Gordon case reaffirms the Constitutionality of the strict and harsh penalties imposed on drivers convicted of a second or subsequent offense DUI.

Continue reading "Ignition interlock device upheld for Second offense Massachusetts DUI conviction" »

Under Massachusetts OUI law, Chapter 90 Section 24, if a person is found guilty of a first offense or admits to sufficient facts for a finding of guilty, known as a Continuance Without a finding or CWOF as commonly referred to in court, the court will generally impose a 45 day loss of license and require the motorist to complete the 24D alcohol education program. With the 24D disposition, Massachusetts DUI law allows a motorist to obtain a hardship license for the purposes of work or education within three business days by going to the Registry of Motor Vehicles and requesting a hearing to obtain a hardship license.

A hardship license, sometimes called a Cinderella license, is obtained by presenting documentation to the registry of motor vehicles regarding the need for the hardship, work, education or regular medical appointments and a letter stating that public transportation is not reasonably available. The hardship is available only for the same 12 hour period daily and requires enrollment in the alcohol education program, as well as payment of the reinstatement fee. This hardship license is only available after any penalty for breathalyzer refusal has already expired.

It is only with a second offense that Massachusetts imposes any requirement of installation of an interlock device prior to restoration of driver's license. A law passed in Illinois allows first time offenders to get their license back earlier. Under Illinois law, a driver is suspended for one year for refusing the breathalyzer and six months for a first offense OUI. The new Illinois law allows a motorist to obtain earlier reinstatement of their license provided they install the ignition interlock device in their car.

The legislature enacted increased OUI penalties in Massachusetts with the enactment of Melanie's law. Accordingly, the OUI laws in the Commonwealth strike the appropriate balance between fairness and punishment. However, legislation in other states will put pressure on Massachusetts to increase penalties for DUI.

Continue reading "Massachusetts OUI law and recent state trends" »

In Massachusetts, any motorist convicted of a second of subsequent offense of operating under the influence of alcohol must have the ignition interlock device installed before the Registry of Motor Vehicles will issue a hardship license. Chapter 90 § 24 ½ requires the ignition interlock to be installed prior to the Registry of Motor Vehicles issuing any hardship license for a second or subsequent Massachusetts OUI or DUI offense in Massachusetts. This requirement also applies to out of state convictions, so the RMV will review your entire driving record to determine how many prior OUI offenses you have. Sometimes the prosecutor will be unaware of a prior OUI and may charge a lower offense than your record would warrant; however, the RMV will issue any license suspension according to its records independent of the offense level charged by the court. Sometimes a prosecutor will voluntarily agree to reduce an offense level in exchange for a plea. While that will reduce the sentence imposed by the court, the license consequences will be the same as the Registry will issue any suspension based on its own records.

Continue reading "Second Offense DUI in Massachusetts and Ignition Interlock Device" »