Tag Archives: DUI Arrests

The Mass. DUI 2nd Offender Alcohol Program

Posted by Attorney Brian E. Simoneau on March 2, 2011 1,458 comments

There appears to be some confusing regarding the program utilized for DUI second offenders in Massachusetts. This program differs from the 16 week out-patient 24D Program which is designed for DUI First Offenders. This post will briefly explain the alcohol treatment program which 2nd offenders must complete. Individuals who are convicted of or plead out to a 2nd offense DUI in Massachusetts are assigned by the courts to a two-week alcohol education program. Operated by the Middlesex Human Service Agency, the DUlL or Driving Under the Influence of Liquor Program is a 14-day residential program for individuals who are referred by their probation officer for intensive alcohol and/or drug education and treatment. Individuals attending the program receive a comprehensive substance abuse evaluation, individual and group counseling, alcohol and drug education, and self-help meetings. The DUIL program is operated out of the Saunders Building at Tewksbury State Hospital, which is located at 50 Apple Hill Dr, Tewksbury, MA 01876. The phone number is (978) 863-0048. Michael Kennedy is the DUIL Proggram Director and you may reach him via e-mail: DUIL@MHSAInc.org.

Upon completion of the DUIL program, a certified alcohol counselor will issue a certificate of completion and generate a Discharge Summary &. Aftercare Plan. This document will include a risk of recidivism. Everyone initially receives a “high” recidivism classification. However, the Discharge Summary &. Aftercare Plan will contain treatment recommendations, such as the completion of a 26 week out-patient program. At the conclusion of the recommended aftercare, another Discharge Summary is completed. This document is often considered for the purposes of deciding whether or not to grant a hardship or work license. A low risk of recidivism will increase the chances of obtaining a DUI hardship license. For more information, visit the Massachusetts DUIL Program website.

Grant will increase Mass. DUI arrests and traffic tickets

Posted by Attorney Brian E. Simoneau on March 2, 2011 786 comments


The Highway Safety Division of the Massachusetts Executive Office of Public Safety and Security has announced the availability of $1,450,000 in federal grant money for Massachusetts police departments, to be used for traffic enforcement, DUI patrols, “speed traps” and similar initiatives which will result in drunk driving arrests, license suspensions, and the issuance of traffic and speeding tickets.

The goal of the grant program is to reduce speeding and impaired driving, and to increase safety belt use through high visibility measures.  The program urges Massachusetts police departments to take a zero-tolerance approach to DUI and other traffic violations. The grant funding is being made available to all Massachusetts City and Town police departments as well as qualified university and college campus police agencies.

Departments are required to conduct a minimum of 3 documented motor vehicle stops per hour; if less than the historic statewide average of 2.5 car stops per hour. Failure to comply with this may result in loss of funding. In addition to having to stop a certain number of motor vehicles per hour, the program encourages “zero tolerance” and it encourages departments to submit a signed a zero-tolerance policy for enforcement during all the mobilizations. This strongly suggests that officers will not be allowed to use discretion and instead will be pressured to write citations instead of warnings and make arrests in situations where they otherwise may not have done so.

Police Departments can use the traffic enforcement grant money to pay officers overtime and to buy equipment such as LIDAR units, Radar guns, and preliminary breath test devices (PBTs). The grant can also be used to purchase breathalyzer supplies and staff DUI sobriety checkpoints, which are also known as drunk driving roadblocks, which are conducted with the Mass. State Police.

Except in emergencies, officers assigned to the program will be dedicated in total to traffic law enforcement, which means writing tickets and making arrests for motor vehicle violations such as DUI,drunk driving,  driving on a suspended license, reckless driving, negligent operation, driving without insurance, speeding, and failure to stop for a red light or stop sign. Convictions for any of these violations will result in substantial insurance premium increases, in the form of insurance surchargesand they may result in license suspensions as well as other unforseen but expensive consequences.