Frequently Asked Questions | DUI Charges
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 (reading of .08 or above)?
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.
How long will I lose my license if I refused to take the breath test? Or failed the breath test?
1st Offense – 180 Days | 2nd Offense – 3 years | 3rd offense – 5 years | 4th offense - Lifetime.
Failure of Breath Test – 30 days.
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. Once your refusal failure suspension has expired, you are eligible to get your full license back for a reinstatement fee regardless of whether your case is still pending in court. If however, you decide to admit to the offense or go to trial and are found guilty while the refusal suspension is pending, you may be eligible for a hardship license on a first offense.
What about my criminal record?
Once you are arraigned, the offense will be part of your record for the rest of your life. However, if you fight and win your Drunk Driving case your record will clearly reflect a Not Guilty or Dismissal and will not be used against you in any further criminal proceedings.
What is a CWOF?
A CWOF means a Continuance Without a Finding. A CWOF is not a conviction, but the court will continue the case for a period of time and at the end of that period the case will be dismissed. However, for purposes of a Drunk Driving (OUI, DUI, DWI) it is considered a first offense and another offense will constitute a second offense with heightened penalties.
What is the first offenders program or 24D program?
It is a driver alcohol education program wherein a person charged with a first offense OUI attends a class that usually meets one time a week and continues for a period of usually 16 weeks. The 24D program costs approximately $600.00.
If I fight my case, how long will it take?
The case will usually take 4 months to One year before it will be finished. Remember, time is on your side with Drunk Driving (OUI, DUI, DWI) cases because memories fade and officers frequently forget important details about your arrest.
If I fight my case, do I have to take the stand and testify?
No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government's evidence.
How far back does Massachusetts go back to consider prior offenses?
Lifetime – Massachusetts will now consider offenses that occurred during your life. There are no exceptions.