Breathtest OUI/DUI Could Be Overturned


27,000 OUI/DUI convictions Could be Overturned The Massachusetts Trial Court announced this week that 27,000 notices will be sent to individuals who may have pled or were found guilty of OUI/DUI between 2011 and 2019 and today may be eligible to have the conviction overturned and a new trial ordered. Brief History of how we […]

Interlocks Required on First Offense OUI Hardship Licenses

Beginning in 2021, individuals convicted of or who plead to a first offense OUI/DUI will be required to install and maintain an ignition interlock device if they wish to obtain a hardship license. The new law requires interlock devices on first offenses if: Have no prior OUI/DUI convictions or program assignments; After being arrested for […]

Effect of Out of State OUI/DUI Offenses on Massachusetts Drivers

Individuals who are either Massachusetts Residents and/or Massachusetts Driver’s License Holders are held to an extremely high bar when it comes to out of state violations. This is especially so for such individuals who are charged with and convicted of an out of state OUI/DUI. Not only will your right to operate likely be suspended […]

Vacating Massachusetts OUI/DUI Convictions

Individuals who were arrested and charged with OUI/DUI between June, 2011 and April, 2019 may be soon eligible to have those convictions vacated and removed from their record. After years of litigation challenging the use of improperly calibrated breathalyzer machines closure is finally in sight. An agreement between defense attorneys and district attorneys across the […]

Breathalyzer Test Results Are Again Admissible

For the past two years Prosecutors across the Commonwealth have been unable to introduce the results of breath tests administered on the Alcotest 9510 machine. On November 5, 2018 pursuant to a settlement agreement, breath tests were deemed to be presumptively excluded from use in prosecutions from June, 2011 to a date to be determined […]

Penalties And Suspensions For Underage Drunk Driving Convictions

Being charged with driving under the influence is difficult enough, but to be under 21 years old and charged with this offense is even more challenging. In this blog, I provide answers to common questions young people and their parents have about these charges and discuss how you may be eligible to get a hardship license. License […]

Client Avoids Two Years Of Having An Ignition Interlock Device

I am thrilled to report that the Division of Insurance Board of Appeals voted 3-0 in favor of a client and against the Registry of Motor Vehicles. In this case the client who was never a Massachusetts Resident or Massachusetts License Holder was being told by the Registry that in order to pay a 2003 […]

Are Changes Coming To First Offense Operating Under The Influence Cases?

Currently in Massachusetts individuals who are convicted or plea to first offense operating under the influence (OUI) charges, suffer license suspensions between 45 and 90 days. Upon such a plea or conviction individuals are immediately eligible to apply for a hardship license. This suspension period runs on and after (consecutive) to any license suspension for refusing the Breathalyzer […]

New Process For Having An Ignition Interlock Device Installed

In Massachusetts if your license is suspended for two or more operating under the influence convictions, you will not be able to reinstate your license without first having an Ignition Interlock Device installed in a vehicle. In fact, any car that you own, lease or operate will be required to be fitted with an interlock […]