Even if it was medical marijuana that was found in your system, or you were taking prescription drugs according to the directions on the label, you could still find yourself facing drugged driving charges in Massachusetts. At Miller Law Group, P.C., we know how to defend our clients in such complex cases, helping them fight the stigma and penalties for such a DUI or OUI charge. While each client has a lead attorney handling their case, our entire firm collaborates throughout the week to provide different perspectives and insight, ensuring that our clients benefit from our nearly a century of combined experience.
Penalties for Drugged Driving Convictions
The possible sentencing for drugged driving can include:
- Up to 2.5 years in jail, a $5,000 fine, and 1 year of license suspension for a first charge
- Minimum 30 days in jail and up to 2.5 years in jail, a $10,000 fine, and 2 years of license suspension for a second charge
- Minimum 150 days, $15,000 in fines, and 8 years of license suspension for a third offense
One of the thorny issues in these cases is that you don't even have to know that you were impaired to be convicted of this offense. There are also no set amounts of drugs in your system that can establish intoxication, such as the 0.08% blood alcohol concentration set for alcohol. Therefore it is up to the observations of the law enforcement officer and others to say that you were intoxicated and not just driving recklessly, for example.
Implied Consent & Southborough Drugged Driving Cases
Testing for drugs isn't as accurate as alcohol tests; even a drug swab test could detect the presence of drugs from up to three days ago, far too late to be considered intoxicating. Still, anyone with a driver's license in Massachusetts is still considered to have implied their consent to give any blood or urine test that is ordered of them by law enforcement.
If a police officer pulls over a driver that they think was impaired, and the Breathalyzer doesn't pick up any alcohol, then the officer might call in a Drug Recognition Expert (DRE) to decide whether to administer a chemical test and determine from their own observations if the driver is operating under the influence of drugs.
If you refuse a chemical test after suspected drugged driving, then you could automatically:
- Lose your license for 180 days for a first-ever refusal
- Lose your license for 3 to 5 years if you've refused these tests before
- Lose your license for 10 years if you were told to be tested after being in accident where someone was seriously injured
Our Southborough OUI/DUI Defense Lawyers Can Handle Your Entire Case
From the RMV hearing to implied consent issues and your case in criminal court, our trial-tested attorneys can provide the comprehensive, tailored defense you need. Don't wait to find out how we can help you and what your legal options are. Contact Miller Law Group, P.C. today to reach a team of fiercely determined drugged driving defense lawyers.
Call (508) 502-7002 or reach us online now to request your free consultation!
From our offices in Southborough, Mansfield, Burlington, Danvers, and Dedham, we have successfully represented hundreds of people across the state, including in Beverly, Cambridge, Plymouth, Quincy, Woburn, and Worcester.
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