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July 23, 2024
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The Ultimate Guide to Vehicle Release After a DUI in Massachusetts

The Ultimate Guide to Vehicle Release After a DUI in Massachusetts
Photo Credit: rmvlawyer.com

The Ultimate Guide to Vehicle Release After a DUI in Massachusetts

 

Photo Credit: rmvlawyer.com

 

A DUI arrest can be intimidating and overwhelming. But you can get through this! Here is a detailed guide to help you understand what happens after a DUI, get your car back, deal with the money stuff, and move forward the right way. I’ll explain Massachusetts’ DUI laws, the process to release your impounded car, how to handle the legal system, and what it all means for your future driving.

Understanding DUI Laws in Massachusetts

Let’s start with the basics of Massachusetts’ DUI laws. Driving with a blood alcohol level of 0.08% or higher is illegal. This is called a “per se” DUI. If you’re under 21, you can be charged with a DUI for any amount of alcohol in your system.

DUI doesn’t just mean alcohol. You can also be charged if you drive while impaired by marijuana, prescription medications, or illegal drugs. The police can immediately impound your car if you’re arrested for DUI. How long it’s impounded depends on things like past DUIs. It can be impounded for months.

Getting Your Car Back After a DUI Arrest

Let’s discuss the procedures following a DUI arrest. The police will take you to the station to book you and process the arrest. At that point, the officer decides whether to release your car to a licensed, sober driver or have it towed and impounded.

If your car is impounded, you as the registered owner can ask the police to release it. You’ll need to show a valid license and insurance, pay all towing and storage fees, and follow any other requirements. The police department has to approve the release request.

Each situation varies, but you may need to attend several hearings to demonstrate your essential need for your car, such as for work or medical appointments. This takes time and understanding the detailed laws. Keep pushing through the process to get your car back.

The Financial Costs of a DUI Are Steep

The financial aspect of a DUI is particularly challenging. Under Massachusetts law, the fees go way beyond fines and impound costs. It can add up to thousands of dollars.

The towing and daily storage fees alone typically exceed $1000.

Then there are court fees, mandatory DUI classes, probation monitoring, and more that can cost several thousand altogether. Plus, your car insurance will skyrocket after a DUI conviction. We’re talking an extra $1000 or more per year for 3-5 years!

Working Through the Legal System After a DUI

Next, let’s explore navigating the legal process post-arrest. Since DUI checkpoints and enforcement have increased, you definitely need a lawyer’s help with this. Experienced DUI Lawyer in Massachusetts understand how to manage pretrial proceedings, plea bargains, and your overall defense strategy in court.

Make sure you follow all probation rules, go to any required counseling, do community service, etc. Not doing what the court orders could mean more penalties or even jail time. Carefully follow your lawyer’s advice and meet all conditions – this is crucial!

Getting an Ignition Interlock and Dealing with License Restrictions

To get your license back after a DUI, you’ll have to get an ignition interlock device installed in your car. This device tests your breath and prevents the engine from starting if it detects alcohol. How long you’ll need it depends on your blood alcohol level and prior DUIs. You pay for the device, installation, and maintenance.

Even once your ignition interlock period ends, you’ll be on a restricted license for a while, limiting when you can drive. For repeat DUIs, it’s 5+ years of restrictions. But this lets you earn back your full license eventually.

How a DUI Affects Your Future Driving and Car Insurance

A DUI conviction impacts your driving and insurance for many years. In severe cases, such as when fatalities occur, some individuals may permanently lose their license.

A DUI remains on your Massachusetts driving record for a minimum of 10 years. Insurance companies see it as high risk, so your premiums will be way higher for around 3-5 years after the DUI.

Massachusetts requires an SR-22 insurance form after a DUI to prove you have enough coverage. If your insurance lapses, your license is automatically suspended.

The Serious Consequences of Repeat DUIs

If you get charged with a second or third DUI, the penalties get much worse – longer license suspensions, 5+ years with an ignition interlock, and very likely jail time. Additionally, your vehicle may be permanently confiscated.

For repeat DUIs or those causing injury, you may face felony charges. Then there are strict mandatory minimum prison sentences. DUIs with kids in the car also have severe penalties.

The key message is the critical importance of avoiding subsequent DUIs. For numerous individuals, financial burdens and license restrictions persist for a decade following multiple DUI offenses.

Final Thoughts

Initially, handling a DUI arrest may seem overwhelming. But learning the process, penalties, and laws is the important first step. If you work closely with your lawyer, follow the rules, and stay focused, you can get your license back, pay the fines, and rebuild your financial stability.

For many people, a DUI serves as the moment they realize it is time to stop drinking and driving for good. Your life need not be defined by this mistake. Use this as motivation to make better choices moving forward.  

FAQs 

  • How long is my car typically impounded after a first-time DUI?

After a first DUI, impoundment typically lasts 1-3 months but can extend beyond 6 months due to aggravating factors or if a hardship appeal is denied. More DUIs mean 6-12 months of impoundment.

  • Can I fight the impoundment after my DUI arrest?

You can request a hearing to argue against the impoundment, but you need strong proof to overturn the police’s decision. Judges rarely block impoundment following a DUI arrest.

  • How much will my car insurance go up after a DUI conviction?

Expect your rates to increase around 20-45% for 3 years after a DUI until they gradually decrease if no other incidents happen. The surcharge is usually $1000+ per year.

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