Massachusetts Laws on Dismissal of Charges for DUI
If you or a member of your family is charged with driving under the influence in the commonwealth of Massachusetts, you must familiarize yourself with applicable statutes and regulations. Despite the great deal of media and public attention paid to DUI cases through the years, there remains a great deal of misinformation about DUI charges in Massachusetts and elsewhere in the United States. One area in which you will want to have a clear understanding involves Massachusetts laws on dismissal of charges for DUI.
Other People Are Reading
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Misconceptions
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One of the most common misconceptions associated with Massachusetts laws on dismissal of charges for DUI is that there is a diversionary program on the books for first time offenders. Historically, and running through the 1980s, many jurisdictions in the U.S. (including in Massachusetts) did have official diversion programs for individuals charged with a DUI for the first time. Under these programs, a DUI charge was dismissed provided a defendant met certain conditions. These requirements including attending alcohol education classes and having no additional serious traffic violations during a one-year period of time.
With an ever-rising rate of DUI arrests---including people who were placed on diversion for first time offenses---these types of statutory programs allowing for dismissal were terminated.
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Defective Chemical Testing
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Under the provisions of Massachusetts DUI law, when you are issued a driver's license in the commonwealth, you provide implied consent to chemical testing to determine if you are operating a vehicle under the influence. The same holds true if you are from another state and are driving on the public roads of Massachusetts. Chemical testing authorized in Massachusetts includes an analysis of breath, urine or blood.
A defense to a DUI that can lead to a dismissal of charges is evidence that the chemical testing process is defective in some manner. There are two common arguments that are made in regard to the sufficiency of chemical testing. These are that the testing equipment malfunctioned or that the testing process itself was not properly undertaken.
In those cases in which defective chemical testing is demonstrated, the evidence obtained from that process will be excluded. In many instances, this is the primary evidence supporting a DUI charge. Consequently, all DUI charges may be dismissed.
Improper Advisement
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Television and motion pictures frequently feature an individual being advised of his rights incident to an arrest. A person being arrested for a DUI has precisely the same rights as those that are enumerated on TV and in film.
Another miscue that can lead to the dismissal of charges for a DUI is a defective advisement of constitutional rights. If the defendant demonstrates she was not properly advised of her rights, certain evidence collected will be excluded from the case---a move that may result in the dismissal of charges. For example, if a suspect is placed under arrest, not properly advised or her rights and then is questioned by law enforcement, the responses to those questions (including an admission of drinking) is inadmissible.
As an aside, chemical testing results likely will not be excluded in such a case. Keep in mind that a person issues a Massachusetts driver's license tendered implied consent to that testing when accepting driving privileges.
Time Frame
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There is no set timeframe in Massachusetts law pertaining to the dismissal of charges for DUI. Generally speaking, you should not count on an immediate dismissal of your case. Rather, the case more than likely will proceed at least several months before a hearing is held before the court. At this hearing evidence is presented supporting your contention that there is a legal reason why pending DUI charges must be dismissed.
Warning
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A DUI charge is a very serious matter---even the first time. Mounting a proper, thorough defense in a DUI case is crucial. Therefore, if you are charged with DUI, seriously consider retaining the services of an experienced DUI attorney. There are lawyers in most communities who specialize in DUI defense. The local or state bar association can provide a directory of attorneys who practice in this area of the law.
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- Photo Credit Image by Flickr.com, courtesy of Scott Davidson
