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How to Fight a DUI Charge in Massachusetts

Tips on Fighting a DUI Charge in Massachusetts

What should I do immediately after being charged with a DUI in Massachusetts?

  1. Stay Calm: Keep your composure during the traffic stop and subsequent arrest.
  2. Document Everything: Write down every detail you remember about the incident, from the moment you were pulled over to the arrest.
  3. Consult a Lawyer: Contact an experienced DUI attorney as soon as possible for legal guidance.

How can a DUI attorney help me?

A skilled DUI attorney can:

  • Analyze the details of your arrest and identify any procedural errors.
  • Challenge the legality of the traffic stop.
  • Question the accuracy and administration of sobriety tests and breathalyzer results.
  • Negotiate for reduced charges or alternative sentencing options.

What are common defenses against a DUI charge?

  1. Improper Traffic Stop: Arguing that the officer lacked reasonable suspicion to stop your vehicle.
  2. Faulty Sobriety Tests: Challenging the reliability and administration of field sobriety tests.
  3. Inaccurate Breathalyzer Results: Questioning the calibration and maintenance of the breathalyzer device.
  4. Medical Conditions: Demonstrating that certain medical conditions affected the results of sobriety tests.

Can I refuse a breathalyzer or field sobriety test in Massachusetts?

Yes, you can refuse these tests. However, refusal can result in an automatic license suspension under Massachusetts’ implied consent laws. It’s important to weigh this decision carefully and consult with an attorney about the implications.

What should I do if my license is suspended after a DUI charge?

  • Request a Hearing: You have the right to request a hearing with the Massachusetts Registry of Motor Vehicles (RMV) to contest the suspension.
  • Hardship License: Explore the possibility of obtaining a hardship license, which allows limited driving privileges under certain conditions.

What penalties am I facing for a DUI conviction in Massachusetts?

Penalties vary based on the specifics of the case and prior offenses, but they may include:

  • Fines
  • License suspension
  • Mandatory alcohol education programs
  • Community service
  • Jail time for repeat offenders

How important is it to attend all court dates and mandatory programs?

Very important. Failing to attend court dates or mandated programs can result in additional penalties, including arrest warrants and further suspension of your driving privileges.

Can I negotiate a plea bargain for a DUI charge?

Yes, an experienced DUI attorney can negotiate with the prosecution to potentially reduce your charges or penalties. This might involve pleading guilty to a lesser offense in exchange for a lighter sentence.

What should I look for in a DUI attorney?

  • Experience: Look for an attorney with a strong background in DUI cases.
  • Track Record: Check their success rate in defending DUI charges.
  • Client Reviews: Read testimonials from past clients.
  • Communication: Choose an attorney who communicates clearly and keeps you informed throughout the process.

How can I contact your office for a consultation?

You can reach The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. We are here to help you navigate your DUI charge and protect your rights.

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