Saturday, August 29, 2009

DUI in MA -- What Your Attorney May Not Have Told You

In addition to having my own small business bookkeeping/admin, daily money managment business, I also work at a DUI clinic. I have noticed that a lot of second offenders, whose first offense was many years ago, are unaware of the laws governing second offenders, so I asked one of the instructors to give me a quick run-down of the details. She then reviewed this piece to ensure that it is correct.

That DUI you got when you were seventeen may come back to bite you when you're forty-seven and get your second DUI.

While the courts may treat you as a first offender, the Registry considers you a second offender and treats you accordingly.

If you take the breathalyzer, an additional two years will be added to the usual 45-90 day loss of license. However, if you refuse the breathalyzer, it's an additional three years loss of license -- for a total of five years.

You will be required to take the first offender drug and alcohol education course ($567.30) and will receive two years probation.

In addition, you will be required to install an ignition interlock device ($200 for installation). This system requires you to blow into it to start the vehicle and then every 10-25 minutes to measure your blood alcohol content. The information is downloaded and sent to the Registry. The device must be checked every month ($85). You can only drive the vehicle which has been fitted with the interlock device. If someone knows of your restriction, and allows you to drive their vehicle, they can be subject to stiff penalties. If ayone else drives your vehicle, they are bound by the same restrictions as you. No motorcycles; no rental cars.

People who drive for a living may face job loss.

Amounts quoted in this blog are in addition to court and attorney fees.

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