Talking About Family Court Proceedings
If you have been charged with DUI (Driving Under the Influence) in Boston Massachusetts, you are undoubtedly worried about what comes next and how to deal with these charges. Hiring a DUI attorney in Boston is extremely helpful when you are charged with driving under the influence because you need the legal expertise of a lawyer to make sure your penalties are as minor as possible. If you are innocent of the charge, your attorney can also do everything possible to make sure that you are not unfairly penalized for something you did not do This article will reveal some of the important information about Massachusetts laws for DUI and how your DUI attorney in Boston might be able to help you.
The Legal Limits: Blood Alcohol Content Limits for Driving Under the Influence in Massachusetts
The amount of alcohol in the blood (often called Blood Alcohol Content or BAC) that will trigger a DUI charge is dependent upon the age of the person driving as well as the type of vehicle being driven. The limits are as follows:
Drivers under the age of 21: the blood alcohol content amount that would trigger a DUI charge is .02 percent
Drivers age 21 or over the age of 21: the blood alcohol level that would trigger a DUI charge is .08 percent
Drivers who are driving a commercial vehicle: any driver who is behind the wheel of a commercial vehicle has a blood alcohol level limit of .04 percent in Massachusetts.
Drivers who are found to have blood alcohol levels greater than the above mentioned limits will be automatically charged with DUI in Boston.
What is the Jail Time Involved With Driving Under the Influence Offenses?
When you are convicted of a DUI offense, jail time can be involved even if it is your first offense. Although it is not required that you serve jail time on a first offense, it is at the judge's discretion. The state of Massachusetts does require that you serve jail time on second and third, offenses however. These requirements are as follows:
First offense DUI offenses have no minimum jail time
Second offense DUI offenses have a minimum jail time of 30 days
Third offense DUI offenses carry with them a minimum jail time of 150 days
Fines and Penalties For DUI Offenses in Boston
One of the major reasons that hiring a DUI attorney in Boston is so important is that your attorney can really help to make sure you receive the minimum penalty, or even no penalty at all, since the penalties can be very flexible. The penalties can vary greatly but will fall within the following prescribed ranges.
First DUI Conviction: Jail time from no time up to 30 months, a fine of between $500 and $5,000, a $250 assessment fine, a $50 fine going to the DUI Victim Trust Fund, a one year drivers license suspension, and a court ordered alcohol rehabilitation program.
Second DUI Conviction: Jail time ranging from 30 days up to 30 months, fine of between $600 and $10,000, a drivers license suspension for two years (a hardship license application may be made after one year) and the use of an Ignition Interlock Device on any vehicle which the convicted person will drive while holding a hardship license.
Third DUI Conviction: Jail time for between from 150 days up to five years, a fine of between $1,000 and $15,000, a mandatory drivers license suspension of eight years (a hardship license application can be made after two years) and the use of an Ignition Interlock Device on any vehicle that is being used under a hardship license.
Help From Your DUI Attorney in Boston
Your DUI attorney may be able to help in a variety of ways. If you are innocent of the charges he or she can successfully defend you and keep this damaging mark off your record. If you are guilty of the charges your attorney is an expert at minimizing the damage that will be done with a conviction. Massachusetts state law allows for pleading to a lesser offense and this might be helpful for your case, preventing you from a lot of damage.
Hello, my name is Bridget Waller. Welcome to my site about family court proceedings. My involvement in family court was not a welcome one. Despite the difficulties experienced during that time, I focused on building my knowledge about family court proceedings rather than let the process bring me down. I created this site to share my knowledge with you all, in hopes that I can help others navigate family court proceedings with ease. I will explore every phase of the court process in great detail to help others better understand the proceedings. Please come by my site regularly to learn more. Thanks.