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The potential penalties for a First Offense DUI in Massachusetts are a fine ranging from $500 to $5,000, and/or a potential period of incarceration up to 2 Â˝ years in the House of Correction. Upon a conviction for a First Offense DUI, the Massachusetts Registry of Motor Vehicles will suspend your license up to one-year.
With the assistance of Attorney James G. DeGiacomo as your Criminal Defense Lawyer, your exposure may be limited to a one-year period of administrative probation during which you would attend a sixteen-week Alcohol Education Program. Under this disposition, your license would be suspended for only 45 Days rather than the full year period. Under this so-called 24D disposition, you would be eligible for a HARDSHIP LICENSE three days after your case is resolved. Provided that the probation and program are successfully completed, your case will be dismissed at the end of that one-year period.
The license suspension for a refusal to submit to a Breathalyzer test when youâ€™re suspected of a First Offense DUI is a period of 180 days. You will not be eligible for a hardship license during this suspension prior to the resolution of your case.
To fight your case, we begin with a challenge to your refusal suspension with a CHEMICAL TEST REFUSAL APPEAL. The first step of this process is a hearing at the Registry of Motor Vehicles in Boston where Attorney James G. DeGiacomo would challenge the officerâ€™s belief that you were impaired by alcohol, the manner of your arrest, or the nature of your alleged refusal. The appeal at the Registry is perfunctory and is almost always denied.
Attorney James G. DeGiacomo will not stop there. The appeal denial allows us to petition a district court judge for judicial review of the registrarâ€™s decision. The registry will then have to submit to the court the reasoning for their decision, including any and all documentation on which they relied in arriving at that decision. Attorney James G. DeGiacomo will then review this documentation and argue before the court that the hearing officer exceeded the scope of their statutory authority and/or that their decision was not supported by the facts of the case. That district court judge then has the power to overturn the registryâ€™s suspension and reinstate your license.
In Massachusetts there is a lifetime look-back. This minor incident can have consequences now as well as years from now should you be suspected of a SECOND OFFENSE DUI when the potential penalties are significantly increased. To prevent that from happening you need to hire a Massachusetts Criminal Defense Attorney. Attorney James G. DeGiacomo focuses his entire practice of law on OUI/DUI/DWI cases and the various registry consequences. He handles cases everywhere in the Commonwealth and is available to you twenty-four hours a day, seven days a week, three hundred and sixty-five days a year.
Your Life and Your License are too important to wait. Call Attorney James G. DeGiacomo Now about your First Offense DUI for your Free Case Evaluation at 617-315-8377.