Hiring the Wrong DUI Lawyer Results in 2 Year Suspension

A couple of weeks ago, an older gentleman and his wife appeared before the RMV Board of Appeal. He was seeking relief on a 2 year loss of license because of a second offense DUI conviction. His first DUI offense occurred more than twenty (20) years ago. Not being able to afford a lawyer for the Board of Appeal hearing, he appeared without counsel. The gentleman and his wife had difficulty understanding the complexities associated with the 2 year suspension and how to obtain a license. At no charge, I researched the man’s situation and learned that the lawyer who handled the DUI case screwed up in a big way. The lawyer was obviously not familiar with Massachusetts DUI law, because he wrongly told the judge that the client would serve a 2 year loss of license. This was a major mistake. His client was entitled to a 45 to 90 day loss of license and not a 2 year suspension. The attorney should have fought for the shorter suspension and he would have received it.

Because the man’s first offense occurred more than 20 years ago, he could have been treated as a “second chance first offender,” meaning that he could have gotten a 45 to 90 day license suspension which is associated with first offender programs under G.L. c. 90 § 24D and not the 2 year license suspension which is associated with second offense drunk driving convictions. This man’s first offense was continued without a finding (CWOF) and he was assigned to the 24D alcohol program. The District Attorney’s Office did not even try to prove second offense at his trial. Instead, they agreed that it would be treated as his first DUI offense. However, the man’s lawyer foolishly and wrongly stated that his client would be subjected to a 2 year DUI suspension. In sentencing the man, the judge agreed this and simply repeated what the lawyer told her, thereby making it a court-imposed sentence.

So now, the gentleman is without sufficient funds to hire a lawyer to fix the mistake made my an attorney who had no business handling DUI cases. He clearly lacked the required knowledge of Massachusetts DUI laws. The lawyer did nothing that the client could not have done himself. I am sure that he paid the lawyer thousands and got absolutely no benefit from the representation.  This is not the first major mistake I have seen and, unfortunately, I know it will not be the last. Anyone can claim to be the best DUI lawyer or a “DUI specialist.” However, to effectively represent clients in Massachusetts DUI cases, a lawyer must have up to date knowledge regarding DUI laws and consequences. DUI clients should screen their lawyers and make sure that the person who holds the client’s future in his or her hands takes the job seriously and has the required knowledge, skills, and abilities to achieve the best outcome.