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Protecting your license after an OUI

Most people do not intend to endanger others. However, when drivers get behind the wheel while under the influence, they do just that.

In such cases, those caught can face serious charges and may risk losing their driving privileges. Should this occur, there are a few tactics drivers may implement to protect their licenses.

Hardship license

A hardship license is a viable option for those drivers who lose their licenses after receiving an OUI. Receiving a hardship license restores limited driving privileges. With this type of license, drivers may drive up to 12 hours a day without restriction. This is different from a restricted license, which limits driving to necessities, such as driving to work, court or the grocery store.

Consult with an attorney

When facing an OUI, it is critical that parties consult with a knowledgeable, experienced attorney. An attorney versed in OUI cases has the experience and understanding of the law to explain drivers' rights to them, as well as help them to maintain or restore them.

Implied consent

Some parties believe they can protect their license by not complying with a breathalyzer test. However, the opposite may be true. In Massachusetts, simply getting behind the wheel provides implied consent. In short, it means that drivers automatically consent to drug or alcohol testing if requested by an officer. Drivers who refuse receive fines and penalties, including revocation of their license. It is important to understand that by law, the officer requesting the test must inform the driver of the consequences of not consenting to the test before asking the party to participate. Not fulfilling this duty may leave room for a party to contest the OUI charge; however, the penalties would still stand in such instances.

Facing criminal charges can be overwhelming. Knowing these aspects of the OUI charge process can aid in determining the best course of action.

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J. W. Carney, Jr. & Associates
20 Park Plaza
Suite 1405
Boston, MA 02116

Phone: 617-830-6760
Fax: 617-338-5587
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