DUI Ma – Know Your Rights When Arrested

2007-03-08 10:33:40

( Legal )



If you are more than 21 years old, DUI Ma law forbids you to drive on public roads if you have a blood alcohol content (BAC) of 0.08 percent or higher, or while under the influence of alcoholic beverages or narcotic drugs that would impair physical reflexes and judgment. And if you fall below that age limit, you are deemed to have committed this offense if found to exceed a BAC threshold of at least 0.02 percent.

You will need the assistance of an attorney Massachusetts when caught violating DUI Ma law because you will have to undergo a trial by jury (of six jurors), unless you waive this right and allow the judge to hear your case.

You will be asked to take a field sobriety test and a breath test during a Massachusetts DUI arrest. DUI Ma law requires that you give consent to the tests and allows you a reasonable opportunity to take another test conducted by a physician of your own choice. The fact of your refusal to take the tests is inadmissible as evidence to prove that you are guilty of DUI Ma violation. And in most cases, seasoned attorneys in Boston will advise you to refuse the chemical tests if indeed you operated your motor vehicle under the influence of alcohol.

If you refuse to take the tests, your will lose your license for at least 180 days. The arresting officer will take custody of your driver’s license, issue you a temporary driving permit, and forward your license to the registrar together with the report of your refusal to take the tests. This report will constitute a prima facie evidence against you in an administrative hearing for your license suspension.

You may want to reinstate your driver’s license on your own, but remember there are some technical issues that only an experienced attorney Massachusetts knows.


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