Massachusetts DUI Attorney Blog

A 47-year-old Rhode Island woman is being extradited to Massachusetts, where she will face drunk driving charges, The Sun Chronicle reported.

Massachusetts State Police have charged the defendant with operating under the influence of alcohol, second offense, and operating under the influence resulting in serious injuries, negligent operation, speeding and a marked lanes violation.

The Massachusetts drunk driving charges stem from a weekend car accident in Foxboro.

Anyone facing charges for a repeat-violation of Massachusetts drunk driving laws, should contact an experienced Boston OUI defense lawyer. Repeat offenders face hefty fines and longer jail time and license suspension. Being charged with drunk driving in connection with a car accident is a very serious legal matter. An experienced Boston criminal defense lawyer can help protect your rights.

In this case, the defendant's passenger remained in the hospital in serious condition on Monday. The 48-year-old North Attleboro man was thrown from the defendant's truck as a result of the accident, which occurred on I-95 shortly before 5 p.m. on Saturday.

The driver lost control of the truck on the highway's southbound lane, careened across all three travel lanes and struck a tree in the median, the Providence Journal reported.

Rhode Island state police said the woman waived extradition in Sixth District Court in Providence on Monday. Police arrested the woman early Sunday at a Rhode Island Hospital, where she was treated for minor injuries after the accident.

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Rhode Island DUI law divides cases into two categories, cases with breathalyzer test results and breathalyzer refusal cases. When a motorist refuses a breathalyzer, generally there are two charges brought from the same incident. One is the misdemeanor criminal case for DUI in the Rhode Island District Court and the other is the civil motor vehicle offense of a breathalyzer refusal.

A Rhode Island driver faced with a breathalyzer refusal has a chance to contest the refusal at a trial in the Rhode Island Traffic Tribunal. The motorist will essentially have to win at both the Traffic court and district court to avoid any license suspension for the DUI or breathalyzer refusal.

Unlike Rhode Island, Massachusetts has a more complex process to challenge a breathalyzer refusal suspension. Rather than giving the motorist a date for arraignment and trial, Massachusetts puts the burden on the motorist to go to the Registry in Boston within 15 days to contest the refusal. In Massachusetts, the motorist will only have one court date to appear in the district court to face the DUI, also referred to as OUI charge.

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