In Massachusetts a person is presumed guilty of "driving under" if they have a blood alcohol level of .08. On conviction, even for a first offense, a person can be fined, sentenced to up to 2 1/2 years in jail and can lose their drivers license for up to one year. First offenders may be able to recover limited (12 hour per day) driving privileges within a few weeks but subsequent offenders will not be able to obtain driving privileges so quickly. Refusing the breathalyzer test will lead to long license suspension periods. Alcohol education programs may be available to first, second and third offenders. Second offenses, and beyond, involve mandatory jail sentences and, after the passage of "Melanie's Law" in October of 2005,  the installation of ignition interlock devices upon the persons car. Convictions lead to mandatory insurance surcharges being assessed for years to come. Persons who "knowingly" lend a car, without an ignition interlock device installed, to a person  who has been convicted and whose license requires them to operate only vehicles with ignition interlock systems installed, are themselves liable to prosecution.

Having a lawyer knowledgeable in this area is essential. Whether you should enter into a "plea bargain" or go to trial before a jury of your peers is a complicated decision that can only be made, in an intelligent fashion, after all of the facts leading up to arrest have be discovered and analyzed.