DUI Lawyer in Springfield, MA

 

DUI Lawyer in Springfield, MA

Massachusetts doesn’t technically charge DUI. The formal charge is OUI, operating under the influence, defined under Chapter 90, Section 24. If you’re looking for a DUI lawyer in Springfield, MA, the first thing to understand is that an arrest opens two separate cases that move on different timelines.

Why Your Case Splits Into Two Tracks

One track is the criminal prosecution in court. The other is an administrative license action run by the RMV. They don’t move together, and winning one doesn’t automatically resolve the other.

A failed breath test triggers an immediate suspension at the time of arrest, capped at 30 days, while the criminal case proceeds separately in court and can lead to a much longer revocation later depending on the outcome.

The Refusal Hearing Clock

If you refused a breath or blood test, the suspension takes effect immediately and runs consecutively with any other suspension from the same incident. You’re only entitled to an RMV hearing if you request it within 15 days.

That hearing is narrow. It only asks whether the officer had reasonable grounds to believe you were operating under the influence, whether you were arrested, and whether you refused the test. The vehicle may also be held for a statutory period following a refusal, and the officer is required to document the refusal, the grounds for the stop, and whether a witness was present.

Our DUI lawyer in Springfield, MA, will help you act inside that period instead of after it’s already closed.

30-Day Administrative Suspension

When an adult breath test result comes back at 0.08% or higher, the officer takes your Massachusetts license on the spot and issues a notice of suspension. That suspension stays in force until the criminal case resolves, but the suspension under this specific provision cannot exceed 30 days. A later conviction, plea, program disposition, or other RMV action can then trigger a separate and potentially much longer suspension on top of it.

Our DUI lawyer in Springfield, MA, will explain exactly which suspension applies to you right now and what’s likely to follow it.

What Happens if the Case Is Dismissed

A not guilty finding or dismissal doesn’t automatically hand your license back if a refusal suspension is involved. You must request a court hearing for restoration, and only after all related alcohol charges are resolved with nothing pending.

The law gives you a rebuttable presumption favoring restoration, but the Commonwealth can still argue against it on public safety grounds, which means the process requires an actual application and hearing rather than happening on its own.

Reach Out to Our Springfield OUI Lawyer Now

If you’ve been arrested in Springfield, the clock is already running on at least one deadline, and possibly more than one at the same time. Our DUI lawyer in Springfield, MA, will walk through your specific timeline, identify which hearings are still open to you, and explain how the criminal case and the RMV process fit together. Contact us at Anthony Riccio Law to talk through your Springfield case or Call Riccio Law at (617) 404-8878.

 

Contact Us Today!

Contact Us Today!