Does my personal breathalyzer test help or hurt my case?

Additional Information: I was pulled over by Boston police last weekend. I politely declined taking the breath test.  I have my own personal breathalyzer and had taken it before getting behind the wheel.  I told the police officer that my BAC was .06 based on my own personal device and he still arrested me.   Will my breath test help or hurt my case? ATTORNEY ANSWER: Unfortunately, your breath test will probably not be allowed into evidence as it does not meet the requirements for introduction at trial.  However, your statements to the police may be admissible, so there may be
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What is a CWOF?

Board Certified Massachusetts drunk driving defense attorney, James Milligan discuss what is Continuance Without a Finding (CWOF) in Massachusetts.
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Are the laws the same for underage drunk driving?

Additional Information: Our 20 year old son was arrested for drunk driving in Westford.  Are the laws the same for an underage (under 21) or teen DUI arrest?  Are the penalties the same? ATTORNEY ANSWER: The laws are the same. However, because your son was under 21 he will suffer from enhanced license suspensions and a requirement that he enter into and complete an alcohol education program under the Junior Operator Laws.
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Worcester police have videotaped evidence of me driving erratically.

Additional I nformation: I was arrested and charged with DUI/OUI in Worcester.  The police have videotaped evidence of my driving and I was driving erratically.   With that kind of evidence, can a good drunk driving lawyer help? ATTORNEY ANSWER: The real issue is whether they videotaped you while performing the field tests and the booking procedure. Driving behavior is only one aspect of the government’s case against you. A good drunk driving lawyer can often times point out positive aspects of your case to create doubt that you were not impaired by alcohol.
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If stopped by local police or MA state trooper, what do you do?

Additional Information: Just to be prepared, If I’m stopped by the police or MA state trooper and he asks me if I’ve been drinking, what should I say?  I think I should decline taking a breathalyzer, is that right? ATTORNEY ANSWER: If stopped by a police officer and asked whether or not you have been drinking it is ok to tell the officer/trooper that you have had a responsible amount of alcohol (couple beers/drinks) because it is not illegal to drink alcohol and drive.  It is my suggestion that clients refuse to take the breath test because it is easy
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My girlfriend was arrested for drunk driving by the Easton police.

Additional Information: Over the weekend, my girlfriend was arrested by the Easton police for driving under the influence.  She had one glass of wine at dinner and is going to fight the case.  Will she or I have to testify at trial? ATTORNEY ANSWER: There is no requirement for you or your girlfriend to testify.  It is the government’s burden to prove her Guilty beyond a reasonable doubt.  Also, whether or not to testify will depend on what the testimony will consist of because we do not want to help the government convict her.  For a free consultation please feel
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I was arrested at a DUI roadblock on the Cape.

Additional Information: Over the long holiday weekend, I was stopped in a DUI roadblock coming back from Cape Cod.  I had a few drinks much earlier in the day.  I was arrested for drunk driving.  What can I do now to fight it? ATTORNEY ANSWER: Typically, sobriety checkpoint or roadblock cases are easier to defend because there is no erratic driving behavior.  Additionally, as a result of recent court decisions many of the Roadblock cases are being dismissed because the State Police are not following their own regulations.  For a free consultation please feel free to give me a call,
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I was pulled over for driving erratically on the Mass Pike near Worcester.

Additional Information: The police had  me take a breath test which I actually passed, but they arrested me anyway.  Can they do that and now what should I do? ATTORNEY ANSWER: If the Breath test was between a .06 – .07, the police can still keep you in custody and charge you with an OUI.  For obvious reasons you have a strong OUI case to defend and beat.  Also, because the breath test was below a .08, the police should not have seized your license.  I’d be happy to consult with you on this matter.
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If I take my DWI case to trial, isn’t it the cops word against mine?

Additional Information: I was arrested for drunk driving in Newton MA.  If I take the DWI case to trial, isn’t it the cops word against mine? ATTORNEY ANSWER: It is not necessarily the cops word against yours because you do not have to testify or present evidence at all. Often times a good DWI attorney can create reasonable doubt based upon the officer’s testimony and police report. If there is any doubt, then a Not Guilty finding will be forthcoming. Good luck with your case.
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In Massachusetts, what are ramifications of DUI/DWI/OUI conviction?

Additional Information: In Massachusetts, how would an DUI/DWI/OUI conviction affect me other then the criminal penalties and the license loss? ATTORNEY ANSWER: In Massachusetts, we have a lifetime lookback period. So any further issues with an OUI will result in an enhanced penalty. Further, there may be employment ramifications as far as current or future employment. Also, an OUI may have an impact on any firearms license should you have one or apply for a permit to carry.  Finally, entry into other countries may be restricted, notably Canada.
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I got arrested for DUI/DWI in Framingham, MA.

Additional Information: I am embarrassed by the situation.  Is my name going to be in the paper and is there anything I do about it? ATTORNEY ANSWER: Your name will usually end up in the local newspaper as they keep track of the police logs/arrests and court arraignments.  There is nothing that can be done as these records are not privileged.
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How does the prosecution prove that a person was drunk driving?

ATTORNEY ANSWER: Usually the government will prove that you were drunk driving through your driving behavior, performance on the so called “field sobriety tests” and a breath test if you submitted to one.  Often times the driving behavior is minor and the performance on the field tests are decent when viewed by an unbiased person, like a juror.   Furthermore, often times the breath test may not be admitted be use of a failure to follow procedures.  If it is admitted, the breath test can usually be dealt with through an expert.
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The police pulled me over for DUI and they didn’t read me my rights.

Additional Information: Can the police pull me over and then ask me questions about what I’ve had to drink before reading me my rights?  This happened to me and I was charged with DUI, now I’m wondering what I should do.  I’d appreciate any legal advice. ATTORNEY ANSWER: The police have the right to conduct a threshold inquiry of anyone suspected of drinking and driving. Since you were not in custody Miranda warnings are not required to be given.
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Do I have to take a field sobriety or breathalyzer test?

Additional Information: Do I have to take a field sobriety or breathalyzer test if the police direct me to do so?   What happens if I decline taking the test? ATTORNEY ANSWER: There is no requirement for you to take the Field Sobriety tests and there is no penalty for declining to do so.   In fact, refusing to take the field sobriety tests is often times a prudent decision because you are then limiting the government’s ability to obtain evidence against you.  As far as the breath test, our OUI statute mandates that upon requests you must submit to a breath
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Can I consult with a lawyer before taking a breathalyzer or other test?

Additional Information: After I have been stopped for driving under the influence, can I consult with a lawyer before deciding which chemical test to take? ATTORNEY ANSWER: You do not have the right to consult with a lawyer before you decide to take the chemical test.  In fact, you do not decide which type of chemical test to take.  Our statute mandates that upon request you must submit to a breath test and the failure to do so will result in a license suspension of 180 to Lifetime.
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Can I get my DUI charge removed from my record?

Additional Information: I am 18 years old and was arrested for DUI.  I know I made a poor decision to drive but don’t want it to impact the rest of my life. Is there any way a lawyer could get it removed from my record? ATTORNEY ANSWER: There really is no mechanism to have it removed. There is a motion to seal that can be filed if you can demonstrate a compelling interest to seal your record.
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In answering the question “have you ever been convicted of a DUI?” can I say “no”?

Additional Information: I was arrested for DUI in a state other than my legal residence fourteen years ago. I paid the fine, and went to classes and the Judge said that satisfied everything.  It has never shown up on my state’s RMV, or insurance, or anything. In answering the question “have you ever been convicted of a DUI,” can I say “no”? ATTORNEY ANSWER: It depends on what state it was and their definition of conviction. For instance, Massachusetts provides for a disposition that is called a continuance without a finding or “CWOF”.  This is not a conviction so if
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Is there a national database for states to share DUI information?

Additional Information: My ex-wife got her THIRD DUI, and was allowed a hardship license. Her first two DUI were out of state. Isn’t there a national database for states to share DUI info? She barely lost her license and only spent a few hours in jail. She even got most of the fines waived. I want to tell the RMV before she kills someone. What can I do? ATTORNEY ANSWER: There is a national database but it only applies if you are suspended in another state.  You can always alert the Rmv and see what they do with the information.
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What are the penalties for first offense DUI in Massachusetts?

Additional Information: I am waiting for a hearing on my DUI charge and am getting very nervous. My attorney says I will lose my license for a while but will not go to jail. Is she right? Are there set penalties in Massachusetts for first offense DUI? ATTORNEY ANSWER: The penalty for a first offense is usually as follows: probation for one-year, entry into an alcohol education program and a 45-90 day license loss.  You would be eligible for a 12 hour license for this suspension period.  Unless there was a serious accident with injuries or death, jail is not
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My daughter has a restricted driver’s license. How do we change the 12 hour period?

Additional Information: My daughter has a restricted license in MA due to a DUI that only allows her to drive from 7:00 a.m. to 7:00 p.m.   I have two questions. First, How can we change the hours to a different 12 hour period? And, second, what is likely to happen to her if she is pulled over driving outside of the designated hours?  Thank you. ATTORNEY ANSWER: As far as changing the hours you can go to a full service RMV office and change the hours. If she is caught operating outside her restriction she will most likely be charged
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If my license is suspended because of an OUI can I still drive to work?

ADDITIONAL INFORMATION: I was arrested for OUI and think I might lose my license. Does Massachusetts law allow me to continue to drive to work?  If so, how do I proceed? ATTORNEY ANSWER: If you have been charged with a First Offense OUI or a Second Offense OUI (Prior offense being outside of 10 years) then after a plea or a guilty finding you can apply for a Hardship license (12 hour license – 7 days a week) for work purposes.  You will need to meet certain requirements before you can apply, but if you meet these requirements the RMV
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Can I appeal the suspension of my driver’s license, even though the trial for my Massachusetts OUI charge has not happened yet?

ATTORNEY ANSWER: Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that you are charged in to review the RMV’s decision and they can reverse the suspension.   If you have FAILED (.08 or greater) there is no procedure to appeal your license suspension, but after the expiration of 30 days (if over 21) you can get your
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When will I lose my License as a result of refusing to submit to the Breath Test or as a result of failing the Breath Test (A reading of .08 or above)?

ATTORNEY ANSWER: The police department should have confiscated your Massachusetts Driver’s License. There are no longer temporary licenses issued. Your license is suspended immediately. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.
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