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Should I Get a Lawyer for My First DUI?

Posted by Matthew Gilman | Nov 08, 2021 | 0 Comments

Should I Get a Lawyer for My First DUI?

The answer is always yes. After getting charged with a DUI, you should immediately contact an attorney. They can guide you through the legal process and help fight for a “not guilty” or negotiate the best plea deal. Our DUI attorneys have years of experience handling cases just like yours.

Any driver with a BAC of .06 or higher can be charged with a DUI in Massachusetts. As a state with some of the strictest DUI laws in the United States, Massachusetts has an implied consent law, which states that drivers arrested for a DUI must consent to a breathalyzer test.

Refusal of the Breathalyzer Test will result in an immediate license suspension from 180 days to life. If you took and failed the breathalyzer test, you will have a 30 day suspension.

Penalties for First Offense DUIs

A first offense DUI conviction can result in jail time up to 2 ½ years, fines between $500 to $5,000, and up to a one-year license suspension.

A judge on a 1st offense will often require completion of an alcohol treatment program. Most individuals who plea or are convicted of a first-offense DUI will be ordered to attend and complete a driver alcohol education (DAE) program. The DAE program is sixteen weeks long and meets once a week.

Is a First Offense DUI a Felony?

In most cases, a first offense DUI is considered a misdemeanor. However, in Massachusetts you will be charged with a felony if you are charged with causing serious bodily injury or death and were alleged to be under the influence of drugs or alcohol. 

What Happens After Getting Charged with Your First DUI

The first thing you should do after being charged with a DUI is contact an attorney. An attorney can guide you and help you avoid further penalties by educating you on the first-offense DUI process.

The attorneys at Gilman Law can advise you how to get through and be successful in court and help you get back on the road.

If you have been charged with a DUI in Massachusetts, immediately contact Gilman Law P.C. We have experience in district and superior courts all across Massachusetts for DUI defense and license suspension, and we are prepared to fight for you on your case.

How Do I Choose a Lawyer to Represent My Case?

It is always best to choose a lawyer who specializes in cases just like yours. Having an attorney represent you who specializes in DUI cases and license suspension means that they have the proper experience and knowledge to help you.

Always check where your attorney's experience comes from. If they have been working with DUI cases in Massachusetts for years, like Attorney Matthew Gilman and Julie Gaudreau have, then they will have the experience and knowledge to defend your case.

License Suspension for First Offense DUI

There are a few things to know if you are a Massachusetts resident charged with your first DUI.

If you were arrested and consented to the breathalyzer test at the police station, your license will be suspended for thirty days. If you refused the breathalyzer test and have no prior DUIs, your license will be suspended 180 days.

In some cases, often involving DUI drug arrests in which a breathalyzer test is not going to detect the alleged substance, the police will file a request that the Registry of Motor Vehicles suspend your license indefinitely as an immediate threat.

If you are convicted or plea to a first offense DUI and are placed on probation, you will likely be ordered to attend and complete the DAE program. At this time, you will also be issued a 45 to 90-day license suspension. If you elect to not be placed on probation and just plead guilty, your license will be suspended for one year.

I've Never Worked with an Attorney. What Should I Know?

If you have never worked with an attorney before, the first thing you should do is do your research. Find attorneys in your area who represent cases just like yours. If you have been charged with a first offense DUI in Massachusetts, Gilman Law P.C. has years of experience defending individuals in cases just like yours.

When you find an attorney that you think would best represent you, contact them immediately to schedule a legal consultation. They will guide you through the proper next steps and prepare to defend your case. Your attorney will ask for any information that they need to defend your case and help you reach the best possible outcome in court.

About the Author

Matthew Gilman

Meet Matthew Gilman Attorney Matthew Gilman understands the difficulties his clients face when their driver's license is suspended or they are charged with an OUI/DUI.  Prior to opening his law practice, Attorney Gilman worked as a Registry of Motor Vehicles (RMV) hearings officer. During his t...


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We offer a Free Consultation and well gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.