What Happens After a College DUI Arrest in Massachusetts
Did you know that Massachusetts has the highest record of underage drinking cases in the country? Known as “The college capital of the nation,” the state is home to a large number of universities.
While many students spend their college years planning their future and forming friendships, others engage in risky behavior such as drunk driving. Facing a college DUI arrest in Massachusetts can bring not only criminal charges but also disciplinary consequences from the university.
Massachusetts Law on DUIs
Not all college and university students are of the legal drinking age, yet many will drink anyway. According to state law, it is illegal to drive or operate a motor vehicle when under alcohol or drugs. The state considers someone too impaired to drive if their blood alcohol content (BAC) is 0.08% or higher.
Driving under the influence, also called operating under the influence, is a serious offense here. Because of tragedies caused by impaired driving, law enforcement is strict and quick to arrest offenders.
Even a minor in possession charge may result in a citation, but a college DUI arrest in Massachusetts can lead to jail time, license revocation, and a permanent record.
College Police Authority
Campus police are obligated to enforce both state statutes and university policies. They have the right to investigate and arrest students for crimes within campus property.
In certain cases, they also have authority beyond campus and may work with local police. For alcohol-related offenses, campus police can set up checkpoints, and even turning around may give officers reason to stop a driver.
What Happens During a Student DUI Arrest?
Whether arrested by college or local police, the same basic rules apply. Students don’t have to accept a breathalyzer, but refusing one for the first time results in a 180-day license suspension.
Students still retain Fifth Amendment rights and can request an attorney before answering questions. Colleges may, however, impose separate disciplinary measures for lack of cooperation.
Searches must be based on warrants or probable cause, though campus housing rules sometimes allow inspections. During any arrest, police must read Miranda rights, and students should avoid volunteering unnecessary information.
Factors That Can Affect the Severity of the Offense
A first or second charge is usually a misdemeanor, but penalties increase if:
- High BAC: Over 0.15% can mean added charges.
- Reckless Driving: May be charged additionally.
- Bodily Injury/Death: Even a first offense becomes a felony.
- Property Damage: Consequences rise if damage occurs.
Defense Process for Students Charged
There will be an arraignment where the student hears charges and enters a plea. Attorneys may negotiate plea bargains or deferred prosecution for first-time offenders.
Colleges may also act, holding disciplinary hearings regardless of the court case outcome. Public schools must follow constitutional protections, while private universities rely on internal policies.
An attorney can be present to assist with both disciplinary and criminal proceedings.
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Consequences of a DUI Charge
An arrest for impaired driving can have long-lasting effects. Many schools treat it as an honor code violation, leading to additional discipline. Consequences may include:
- Loss of scholarship or financial aid
- Difficulty in career paths
- Suspension or expulsion from school
- Mandatory alcohol education class
- Probation and fines
- Higher auto insurance premiums
- Housing denials in the future
- Job opportunities lost due to record
- Revocation of driver’s license
If the prosecution drops the charge, colleges generally should not continue disciplinary action for incidents that occurred off-campus.
Get Help After a College DUI Arrest
A college DUI arrest in Massachusetts can jeopardize a student’s education, finances, and future opportunities. Beyond legal penalties, it may affect scholarships, housing, and career paths.
Having the help of a skilled criminal defense attorney is one of the best ways to fight the charge. An experienced Massachusetts dui lawyer can protect your rights, challenge weak evidence, and guide you through both court and school disciplinary hearings.
Need a defense attorney? Contact Riccio Law today for guidance and support.
