Here are some frequently asked questions about DUI/OUI/Drunk Driving.

1)  If I am stopped for a DUI/drunk driving, should I take the breathalyzer?

There are pros and cons to taking or not taking the breathalyzer.  If you have a license in Massachusetts you have agreed to submit to a breathalyzer, and therefore if you refuse to take a breathalyzer the Registry of Motor Vehicles, (“RMV”), will automatically suspend your license for failure to take the breathalyzer for the following periods:

Number of Prior OUI, DUI or impaired driving convictions or CWOFs if you attended alcohol/drug school as a condition of the CWOF:

None: 180 days
1 prior OUI: 3 years
2 prior OUIs: 5 years
3 or more prior OUIs: Lifetime

Note that this RMV  suspension of your license is a result of your refusal to take the breathalyzer, and any criminal penalties are in addition to this suspension and will run consecutively with the RMV suspension period, which means that your license is suspended for the entire RMV suspension period and then the criminal suspension period begins.  Also, you are not eligible for a hardship license for a suspension based on refusal of the breathalyzer.

In addition, if you hold a Commercial Driver’s License, (“CDL”), you face stricter penalties.

On the other hand, if there are no breathalyzer test results, the Commonwealth’s case is more difficult to prove.

To determine what is best for you, you should consult with an experienced DUI attorney.

2) If I fail the breathalyzer test and my license is suspended by the RMV for 30 days, can I get a hardship license for this period?

No.  You are not eligible for a hardship license for the 30 day suspension period  following a chemical test failure.

3)  If I have a DUI conviction or CWOF that is over 10 years old am I eligible for the 24D program?

Yes.  If you have a DUI conviction or CWOF over 10 years old you are eligible for what is called a “Cahill disposition” which allows you to partake in the 24D program again, as if you were a first offender.

4) Should I submit to Field Sobriety Tests?

You are under no obligation to submit to these exercises.  These exercises are subjective and for the most part unreliable.

5) Can I be arrested for DUI if I’m under the influence of drugs but didn’t drink alcohol?