DUI News Blog The Latest DUI News and Information From DUI Defense Attorneys Across the Country

Do you hold a Massachusetts license? If so, know that you have already consented to taking a breath or a blood test if you are ever arrested for operating under the influence (OUI). Meaning, it is implied that if you have a MA driver’s license, you consent to a chemical test. Even if you do not hold a MA driver’s license, but are arrested for OUI in MA, you are also subject to MA’s implied consent law. You have every ... Read More »

IID stands for ignition interlock device and is defined as a handheld breath-alcohol monitoring device that is electronically connected to your vehicle’s ignition. Before starting your vehicle, the IID requires you to take and pass a breath test. If the device detects alcohol, the vehicle will not start. It also requires you to take re-tests while you are operating the vehicle. In Pennsylvania, IID’s are currently required for those who plead guilty or are convicted of a second or subsequent ... Read More »

An occupational limited license (OLL) authorizes driving a designated motor vehicle, under certain conditions, only when it is necessary for the driver’s occupation, work, trade, medical treatment or study. If this is your first DUI conviction, and your license has been suspended for 1-year, you are eligible for an OLL after 60 days. Eligibility is at PennDOT’s discretion. If your conviction results in an 18-month DUI-related suspension and you have satisfied all restoration requirements and installed an ignition interlock device ... Read More »

You may be wondering if it is possible to have your OUI conviction expunged from your record.  The short answer is no.  An expungement order is a court order to remove and destroy records so that no trace of the information remains.  There are two instances, as it relates to DUI, where your record may be expunged.  First, a judge may have your name changed to “John or Jane Doe” on the criminal complaint and expunge your record if someone was charged ... Read More »

After successful completion of the Accelerated Rehabilitative Disposition (ARD) Program, one may motion for an expungement.  But, what does this mean? An expungement removes the criminal aspect of your DUI charge.  So, for example, a new job you apply for runs a criminal background check and you are concerned it is going to show up.  After the motion for expungement is granted, it should not appear. However, if this new job requires a driving history, you should be aware that ... Read More »

If you’ve been charged with driving under the influence, it is likely that you have also been charged with one or more summary offense.  A summary offense is a minor crime, for example careless driving or reckless driving, and often times, is the reason the officer pulled you over. In Pennsylvania, after being charged with a DUI, or any crime for that matter, the first court appearance is normally at the District Court closest to where the incident occurred. Every ... Read More »

Annie Dookhan, the former Massachusetts lab chemist we blogged about over a year ago, is back in court today on the 27 charges brought from tampering with drug samples which may have negatively affected 40,323 cases.  This number comes from a review of her cases, a request made by Governor Deval Patrick, from 2003-2012 which covers her time with the Department of Public Health; however, it would appear there is a separate investigation dating back to 1990 to see whether ... Read More »

The National Highway Traffic Safety Administration’s ARIDE course is described as a bridge between the Standardized Field Sobriety Test (SFST) and Drug Recognition Expert (DRE) courses.  ARIDE, which stands for Advanced Roadside Impaired Driving Enforcement, is a 16-hour course that claims to teach officers how to look for signs of drug impairment during traffic stops.  On October 16-17, the Northeastern Pennsylvania DUI Task Force will provide local law enforcement with ARIDE training.  This is in response to what the Luzerne ... Read More »

Massachusetts has a lifetime look-back when it comes to operating under the influence (OUI) cases which means that any offense you commit can come back to haunt you.  The state even looks at out-of-state convictions and will count those as priors.  It doesn’t matter if the offense happened 30 years ago! On first offenses, many lawyers who don’t do a lot of OUI cases may try and sell a disposition called a “continued without a finding” or “CWOF” for short. ... Read More »

As a Pennsylvania licensee, you have already agreed to take a chemical test if ever arrested for driving under the influence.  Because you have already agreed to take a chemical test, whether it is blood, breath or urine, you are subject to enhanced penalties if you refuse.  In looking at it in its most basic terms, a refusal results in your case splitting into two parts: civil and criminal. On the civil side, PennDOT will suspend your license for 12 ... Read More »