Q. 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)? A. The police department should have confiscated your Massachusetts Driver's License and issued you a piece of paper which will serve as your 15 day temporary license unless you are licensed out of Massachusetts. The 15 day period will run 12 hours from the time of your arrest. For instance, if you were arrested at midnight, you temporary will be valid and start to run at noon the next day. > Back to Top A. No. 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. 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 lose while you are suspended, you may be eligible for a hardship license for a first offense. Q. 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)? A. Your license will be suspended immediately. Do not drive. The police department should have confiscated your Massachusetts Driver's License.
Q. Can I get a work license during my refusal suspension or failing the breath test? What about my criminal record? Answer: 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 case your record will clearly reflect a Not Guilty or Dismissal and will not be used against you in any further criminal proceedings. Answer: 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 operating under the influence of alcohol 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? Answer: 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 ranging from 16 to 22 weeks depending on the program and the Court. The 24D program costs approximately $600.00. If I fight my case, how long will it take? Answer: The case will usually take 4 months to One year before it will be finished. Remember, time is on your side with drunk driving 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? Answer: 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. |
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