Legal Question in DUI Law in Massachusetts

OUI/Driving on suspended/Revoked license.

I have a pending oui case in Cambridge court. Among doing research on my case I came across some information stating that according to your State's driving statute. That consent to breathalyzer testing is and can only be implied if the person has a drivers license. At that time my license was already suspended/revoked for a previous oui. My question is how can that relative fact help me if it is true. Does that mean that the breathalyzer test can be challenged as a result?


Asked on 2/20/09, 2:47 pm

1 Answer from Attorneys
Gregory Casale Gregory Casale Attorney At Law

Re: OUI/Driving on suspended/Revoked license.

Its a very good question that I do not have a answer for off the top of my head. I would have to do research to provide an answer. Therefore, it is not the type of answer that I provide in this forum. It is the type of thing I would absolutely research for my client. Having said that I must ask you if you have been charged with Operating After License Revoked/Suspended for OUI. If you have, then you should know that it carries a minimum mandatory 60 days committed sentence. Therefore, if you HAVE NOT been charged this way, I would think long and hard before I put the issue into play with a motion that may or may not be viable regarding the license. If you care to call to discuss this I would be interested in knowing the how you were charged. I beleive that our contact information is available here. If not, you can reach us through the web site at www.lawworcester.com

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Answered on 2/20/09, 2:57 pm


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