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Massachusetts DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does the Melanies Law Regarding having a mandatory breath Alyzer installed in vehicle for 2 years apply only in mass?

My finance got arrested 25 years ago for 2nd DUi and his license was suspended. He has not had a license or license infraction or drove in over 25 years and would like to get it back. He wants to know can he legally get his license in other states ( does the Melanies Law apply only in the state of... View More

Kris  Patria
Kris Patria
answered on Aug 31, 2022

Assuming that your fiancé was convicted of 2nd offense OUI in Massachusetts 25 years ago, he may be eligible to reinstate his driving privileges in Massachusetts, providing that he has fully complied with all relevant obligations resulting from his conviction, including fines and fees. With... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Massachusetts on
Q: Officer made mistake in report can I use it against him at trial?

He said he like did something but it was another cop. Seems like a mistake as the other person got the same information but wondering if it helps my attorney get me a better deal

Kris  Patria
Kris Patria
answered on Aug 26, 2022

Mistakes in police reports can be used at trial to demonstrate that an officer has formed a wrong conclusion or conducts sloppy investigations. However, some mistakes are so minor and inconsequential that calling attention to them could backfire. A seasoned trial attorney will know what can type... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Massachusetts on
Q: Can you physically acquire a criminal's property if they filed jointly with someone who has no criminal record?

For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2022

A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts on
Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... View More

Michael Levin
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Michael Levin
answered on Dec 22, 2021

Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... View More

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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does taking a breathalyzer create a legal 90-day suspension contract for first offenders? (Massachusetts)

I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was... View More

Frederick Lewis Stoker III
Frederick Lewis Stoker III
answered on Feb 12, 2021

There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very... View More

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: MA. license, 1st offense DWI in NY, have IID, attended Victim Panel, paid fines, need hardship license to work & medical

medical conditions. Need pro bono advice to apply but not sure if in NY state or MA. Help!

Dennis J. Nave Jr.
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Dennis J. Nave Jr.
answered on Dec 11, 2019

If your driving privileges are revoked in New York (because New York cannot revoke an out of state license, only privileges), you need to complete the NY Impaired Driver Program (or out of state equivalent) and request a conditional license from New York State to be able to drive in New York.... View More

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: I didn't know my license had expired before I also got pulled over for a DUI. How should I proceed?
Melvin Alanson Heard
Melvin Alanson Heard
answered on Nov 2, 2018

I recommend contacting my full service traffic defense firm, Heard Law Office, to discuss your case free of charge.

We are available 24/7 including weekends. We will advise on your criminal matter as well as RMV issues that may affect your license.

Contact us directly at...
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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Will having a DUI on his record prevent my son from getting into colleges? What can we do to expunge it?
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2018

Every organization is going to have different rules on what they consider and colleges are no different. You will want to contact a good MA attorney who can advise you as to the potential expungement proceedings.

1 Answer | Asked in Criminal Law and DUI / DWI for Massachusetts on
Q: My motion for a new trial was sent to the judge. The judge sent my motion to the district attorneys' office. Why?

The Commonwealth requested that the Court deny my motion to withdraw my guilty plea. The reasons were not given in a professional manner. The reasons for denial were very poorly investigated. The letter amazingly sloppy and amazingly careless and without merit. Why did the Judge ask the district... View More

Lissa McKinney
Lissa McKinney
answered on Jul 28, 2018

The Judge sent it to the District Attorney because all Motions must allow for hearing from both sides. In addition, if the DA's office wanted to agree it simplifies the hearing and the Judges allocation of time. If they object, then the judge knows they have to schedule an adversarial hearing... View More

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: How long do you have to contest a DUI?
Ryan P. Sullivan
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answered on Jul 20, 2018

This is a difficult question to answer as it needs more facts before an attorney can advise you. If you are charged with a crime, including operating under the influence of alcohol, you should contact an experienced DUI defense attorney.

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: What happens if you don't comply with DUI testing when you get pulled over?
Ryan P. Sullivan
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answered on Jul 5, 2018

Hello,

There are two sets of "testing" that officers and troopers in Massachusetts employ. One is field sobriety testing, the other is the breath test. The short answer is that your refusal to submit to any tests is inadmissible in Massachusetts courts. That means that the jury...
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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: I am 19 and was charged with OUI in MA. I did not take the breath test. If I plea, can I get a hardship license?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2017

Don't guess at this. Call this OUI attorney, and tell him I referred you to him, for advice:

Joseph Waldbaum, Esq.  

Address: 100 Cummings Center, Suite #536-H, Beverly, MA 01915

Hours: Open today · Open 24 hours

Phone: (978) 921-4100

William C. Head

Atlanta, GA

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: I had a DUI charge 7 years ago, but the charge was reduced to reckless driving charge. Is this a criminal conviction

I am a teacher and am finger printed when offered a new job. Does this still show up even though the arrest was 7 years ago? How do i answer "have you ever been convicted of a criminal offense"? on a job application

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

That sounds like a criminal conviction. Have a lawyer review the orders of the court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

2 Answers | Asked in DUI / DWI for Massachusetts on
Q: Can you be charged with a DUI if you're stopped by police and it's discovered you were smoking marijuana, or do DUIs

just cover alcohol consumption?

Ismail Mohammed
Ismail Mohammed
answered on Jul 10, 2017

You can be charged with an OUI drugs for smoking marijuana. The officer should have had a drug recognition expert conduct some tests to determine if you were under the influence. Speak with a criminal defense attorney.

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2 Answers | Asked in DUI / DWI for Massachusetts on
Q: Can I be punished if I'm stopped by police and refuse to answer questions about how much I've had to drink?
Ismail Mohammed
Ismail Mohammed
answered on Jun 20, 2017

You have every right not to answer that specific question. That can be an incriminating statement that the police can use against you. You also do not have to take the field sobriety test or the breathalyzer.

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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Can I work in a bar if I have a DUI?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 2, 2017

I see no reason why not, unless a court ordered otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Got in an accident - I have a medical marijuana card so it is in my system - will the charges be different?
Ismail Mohammed
Ismail Mohammed
answered on May 8, 2017

Were you charged with an OUI drugs? If so, there are certain steps to the police need to take in order to charge you with OUI or get a conviction.

1 Answer | Asked in DUI / DWI and Immigration Law for Massachusetts on
Q: Question on DUI consequences to H1

Hi,

I am in H1B visa. 2 weeks back I was arrested for DUI with no accidents. My attorney had recommended me for CWOF and I am currently in probation.

This week, I got an offer from a company and it's my dream job too. So If I change the company and the new company apply for... View More

Kyndra L Mulder
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Kyndra L Mulder
answered on Apr 15, 2017

Any violation of the law is a violation of the terms of your visa. A DUI is considered a serious misdemeanor and there is a possibility that your visa will not be renewed.

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Will my dwi convictions in New York prevent me from obtaining a mass license?

Dwis were with ny license. I am now a mass resident

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

If the NY matter is not cleared and dismissed, then maybe. See: https://www.massrmv.com/SuspensionsandHearings/Suspensions/OutofStateSuspensionsandRevocations.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Was arrested for dui in Maine in 2004.I moved to MA.Received bench warrant for failure.Would like to apply for MA. lic.

I actually did go back to Maine only to have the case postponed. Hired ME. lawyer after that. Lawyer got me an extension. Lawyer filed for a second and had it refused resulting in a bench warrant. I'm still MA. resident and haven't driven for 13yrs. Would like to apply for MA. license so... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

You may need to have the Maine case completed and dismissed before MA provides you a license. See: https://www.massrmv.com/SuspensionsandHearings/Suspensions/OutofStateSuspensionsandRevocations.aspx

More details are necessary to provide a professional analysis of your issue. The best first...
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