Massachusetts DUI Attorney

If you are stopped on a DUI – Driving under the Influence – it is to your benefit to contact a Massachusetts DUI attorney. You will need a lawyer to protect your rights and your freedom to drive. A DUI charge can be complicated for several reasons. After your arrest, you will have to appear in court to be arraigned on the charges, and this arraignment ordinarily occurs on the next business day following the arrest. When the police release you, you will be given some paperwork that tells you where and when you are required to appear for arraignment. Depending on the situation, your license has been suspended already: if you failed the breath test, the suspension is 30 days on a first offense charge, and if you refused the breath test, the first offense carries a 180 day automatic suspension. In either case, you cannot drive to court for your appearance.

A Massachusetts DUI attorney can accompany you to the court and help you understand what will take place next, look at the options, and mount your defense.  If you are unable to secure a Massachusetts DUI attorney prior to this hearing, it is important that you follow a few guidelines until you retain legal representation. Do not speak to anyone about anything concerning your case. Do not discuss it with the clerks, the judge, or the prosecutor. Avoid talking about it entirely, even in the hallway with a friend, because if an officer of the court overhears you say something incriminating it can later be used against you. When your name is called in court, simply say you are waiting to speak with your attorney. You can enter a not guilty plea or have the judge do so on your behalf. You will then be given another court date for a pretrial hearing. Before you leave, get a copy of all the paperwork, including the police report. This report contains the police officer’s description of the facts regarding your arrest. It summarizes the facts about the case against you and will be important to the attorney you hire in evaluating the case. You are now free to go home or to work, but you cannot drive without a license and you must remember that yours is currently suspended.

Your task now is to select and hire a Massachusetts DUI attorney to review your case. This attorney can help you decide right away if you should consider fighting the charges against you. If you have decided to plead guilty and just want to get your driver’s license reinstated as soon as possible, the Massachusetts DUI attorney can normally work out a plea deal for the minimum sentence allowed right at the initial hearing. Should that be your decision, the attorney will accompany you to the Registry Hearing to help you get a Hardship License. Because the state of Massachusetts enforces Melanie’s Law, individuals with two or more DUI convictions are only able to have their license reinstated if they have an ignition interlock device installed on their car. With such a device in place, the driver has to blow into it and register a blood alcohol level of less than .02 percent in order for the vehicle to start. Police can also order the driver to stop, kill the engine, and blow into the device in order to restart the car. The state legislature is currently considering expanding the law to include first time offenders. The consequences for a DUI arrest are serious, and can be far-reaching. To make sure you get the best possible outcome, it is recommended that you retain a Massachusetts DUI attorney.