Common Questions about Drunk Driving, Part II

Does Massachusetts use a breath test to calculate whether you're drunk or are there other ways?

Police Officers typically use "field tests" to determine if a person is drunk, and then they will use a breathalyzer to confirm their original findings. Officers may decided to administer the breath test when they stop you by your car, or after conducting the "field test," they can take you into the police station to give you a breath test there. You have the right to refuse a breath test, but you will automatically lose your driver's license for at least 180 days if it is your first offense.

Common Questions about Drunk Driving, Part 1

How much alcohol can one person drink so that you can still legally drive?

It all depends on the size of the person, how much the person has had to eat that day and whether that person is taking medicine because some medicines will increase the effects of alcohol. However, if you're a man or a woman of average size and have no health problems and are not taking any medicines, one or two beers probably will not put you above the legal limit, which in MA is .08 blood alcohol content (b.a.c.) for a person 21 years old or older. If you are under 21, the legal limit is .02. Drinking any alcohol can bring you to .02 or greater.

The Importance of a Financial Statement in the Family Court

In the Family and Probate Court of Massachusetts, you are required to file a financial statement in all divorce, child support, and child custody issues. Typically, you would fill out a financial statement and submit it to the Court prior to the first time you appeared before the Court. The only time you need to file a new financial statement would be if any of your financial information has changed, including the amount of money in your bank account.

Many people forget that they must update the financial statement if there has been any changes whatsoever. I remind clients to provide an updated financial statement to me at least one week before we appear in court. This minimizes the time spent in court because no time is wasted in trying to put together a new financial statement.
I went to court with a client a few weeks ago for a divorce, and he had all of his documentation ready and signed. If it were just him, we would have been in and out of court within an hour. His wife forgot to update her financial statement. The wife had changed jobs but neglected to update the financial statement.

We went in front of the judge, and the judge asked if there were any changes on the financial statement. The wife said she needed to change her financial statement. The judge could not issue the divorce without an updated financial statement.

Filing out the financial statement in court is very dangerous. When you sign the financial statement, you are signing it under the pains and penalty of perjury. Mistakes made in the financial statement may come back to harm you later in the litigation.

Services and Legal Options for Victims of Domestic Abuse

Domestic abuse is a pattern of abusive behavior used by a partner to gain or maintain power and control over a family member. Both women and men can be victims of domestic abuse. Domestic abuse is common, and the abuse comes in many forms.

Physical abuses such as hitting, pushing, restraining, threatening, and sexual abuse are all forms of domestic abuse. Many people do not realize that abuse can also be emotional or economic. Emotional abuses such as humiliating, isolating from friends and family, and withholding information are all forms of domestic abuse. Economic abuses such as withholding money and requiring begging for money are also forms of domestic abuse.

Get Help

Victims of domestic abuse can get help. If you have a friend or family member who may be a victim of domestic abuse, you can help them by making them aware of the services below.

Support Services

There are many support services available to help victims of domestic abuse. SafeLink is a statewide, toll free domestic violence hotline available 24 hours a day at (877) 785-2020 that includes Portuguese support and can direct you to many services.

The Massachusetts Alliance of Portuguese Speakers (MAPS) offers outreach, prevention education, advocacy, individual assistance, translation/interpretation, guided referrals, and related services for domestic violence survivors. MAPS also offers a 40-week program that teaches men how to stop engaging in abusive behavior against their partners/spouses. You can call MAPS about these services at (617) 864-7600. www.maps-inc.org/services/

Legal Options

Victims of domestic abuse have a number of legal options.

Victims of domestic abuse can seek a restraining order against the abuser when there is an immediate danger of abuse, even non-physical abuse. A victim of domestic abuse who is married to the abuser can seek a divorce.

Immigration relief is also available if the victim is married to the abuser and the abuser is a U.S. Citizen or Lawful Permanent Resident. A victim of abuse in this situation may be eligible for Lawful Permanent Residence.