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Massachusetts DUI / DWI Questions & Answers
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 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... Read 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 and... Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: How long do you have to contest a DUI?
Ryan P. Sullivan
Ryan P. Sullivan 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
Ryan P. Sullivan 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 will not...
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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 Head
William Head 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...
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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, Esq.
Ali Shahrestani, Esq. 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,... Read 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, Esq.
Ali Shahrestani, Esq. 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/... Read 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 H1B... Read more »

Kyndra Mulder
Kyndra 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, Esq.
Ali Shahrestani, Esq. 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 that I may... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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...
Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: I'm on probation for a DUI - what do I do if I get a job opportunity in another state?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

Do your probation terms prohibit you from leaving MA? As for commuting, you'll need to obey court orders and probation terms as well. 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... Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Can my lawyer go to court without me if I've been pulled over for a DUI?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 16, 2017

It's always a good idea, if not often mandatory, to attend your own court hearings with a lawyer. 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,... Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Can the court keep bail if i owe fines but the bail was posted by someone other than myself
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 18, 2017

Courts keep bail monies rather than returning them if you fail to uphold the conditions related to the bail, e.g., fail to attend your hearing or trial. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees,... Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Can I get a temporary license to go to work if I got an OUI?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 12, 2017

If your license is suspended because you were driving while intoxicated, then you'll have to find a new way to commute. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: my brother lost his lic for a DUI for 6 months. is that from the date he was pulled over or from his court date?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 11, 2016

Typically the court order will clarify that the term of suspension of the license commences upon the issuing/ signing of the judge's order. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal... Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Is there a difference in penalties between OUI, DUI, and DWI?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 11, 2016

There are different terms for the same basic crime: Operating while intoxicated, driving under the influence, etc. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... Read more »

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