Underage DUI/OUI Attorney in Massachusetts
Exceptional Defense for Underage Drivers
A conviction of operating under the influence of drugs or alcohol (OUI) is punishable with a prison sentence of up to 30 months, a monetary fine up to $5,000, and driver's license suspension for up to 1 year. If you are facing a DUI/OUI charge in Massachusetts, the consequences of a conviction can have lasting effects on your criminal record and your future opportunities. It is imperative that you contact a legal professional immediately and ensure your rights are protected!
At The Law Offices of Joseph D. Bernard P.C., our Massachusetts DUI lawyers help underage drivers gain a better understanding of their situation and explore their legal options in a case. Attorney Joseph Bernard has a history of success in DUI and criminal defense, having tried over 400 cases. He regularly does speaking engagements on DUI / OUI, attended the National College for DUI Defense, and is the only attorney in Massachusetts that has completed breath test machine operator training conducted by the police.
What Is the Legal BAC Limit for Underage Drivers?
While drivers of the age of 21 may be arrested for DUI with a blood alcohol concentration (BAC) level of .08% or higher, the legal BAC limit for underage drivers in Massachusetts is .02%. This means that if a chemical test for your BAC registers at .02% or higher, the officer may arrest you and charge you with operating under the influence. Because this limit is very low, it is possible for an individual to be wrongfully suspected of DUI—no chemical test is perfect, and there are many situational and biological factors that can interfere with an accurate BAC test result. Refusing to submit to a chemical test has harsher penalties for individuals under the age of 21 as well. If you have no previous DUI offense, the suspension period for refusal will be for 3 years. The same goes for those with only a single offense. If you have two previous offenses then the suspension period is for 5 years, and a lifetime suspension for those with three.
Youth Alcohol Program (YAP)
The Registry of Motor Vehicles will place what is known as a Youth Alcohol Program (YAP) suspension on an underage operator's learner's permit or drivers license, or right to operate when, after being arrested for OUI, refused to submit to a chemical test, or failed a breathalyzer. This suspension is in addition to any other suspensions or penalties imposed as a result of refusing a chemical test or failing a breathalyzer. In other words, other suspensions must be served in its entirety before the YAP suspension begins. Any suspensions that result from a conviction or program assignment for a DUI will begin after the YAP suspension. It is important to note, that even if you are found not guilty or the charge of DUI is dismissed, the court cannot order reinstatement of the YAP suspension. The only relief from this action is enrollment into the YAP.
How Can I Fight the DUI/OUI Charge?
One of the most effective methods of defending against a DUI charge is contesting the evidence brought against you in court. Chemical tests are subject to error and improper police procedure may contribute to a DUI arrest. At The Law Offices of Joseph D. Bernard P.C., our lead Massachusetts DUI attorney's experience as a former prosecutor has given him valuable knowledge of the law from both sides of the courtroom. With these valuable skills at your disposal, you may be able to find a weakness in the prosecution's case and have your charges dismissed!
Secure a Seasoned Legal Professional
The Law Offices of Joseph D. Bernard P.C. has helped clients facing some of the toughest legal situations and helped them find positive solutions. As an underage driver, it is imperative for you to have a dedicated attorney fighting to protect your rights against the consequences of a DUI. Not only could you lose your driving privileges for an extended period of time, but your future employment and career opportunities may also suffer as a result of a conviction.
Schedule a free consultation today with the OUI lawyers at our firm or Call (413) 831-5579. Let an experienced former prosecutor help you protect your driving privileges!
Trained Breath Test Machine Operator
Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.
Certified Field Sobriety Test Administers
Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.
Former Assistant District Attorney
We understand OUI cases from both sides of the fence and know exactly how to defend our clients.
Unique Certification & Expertise
Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the international acclaimed Borkenstein drug and alcohol courses.