Ohlson & Ohlson, Attorneys at Law Ohlson & Ohlson, Attorneys at Law 2026-05-07T12:35:58Z https://www.ohlsonlawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1104497/2020/09/cropped-site-identity-32x32.png On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[What does implied consent mean in Massachusetts?]]> https://www.ohlsonlawoffice.com/?p=49425 2026-05-07T12:35:58Z 2026-05-07T12:35:58Z The basic principle of implied consent When you first obtain your Massachusetts driver's license, you generally consent to submit to chemical testing if a police officer has reasonable grounds to believe you are driving under the influence of alcohol or drugs. This consent is "implied" because it comes with the privilege of driving, not from a document you sign in a traffic stop. Chemical tests under the implied consent law generally include breath or blood tests. An officer may request one of these tests only after an arrest for operating under the influence. The law assumes that by choosing to drive in Massachusetts, you agree in advance to cooperate with this testing process.

Consequences of refusing a chemical test

You have the right to refuse a chemical test in Massachusetts. However, this refusal may come with significant consequences. If you refuse, the Registry of Motor Vehicles could automatically suspend your license. Suspensions for refusal typically scale based on your prior record:
  • 180 days for a first refusal
  • 3 years for a second refusal
  • 5 years for a third refusal
  • Lifetime suspension for a fourth refusal
Keep in mind that if you are under age 21, the penalties are generally more severe. A first-time refusal may result in a 3-year suspension, plus additional mandatory programs required by the RMV. It is important to note that these suspensions are administrative penalties separate from any criminal charges you might face. Even if the court later finds you not guilty of operating under the influence, the license suspension for refusing the test remains in effect.

Knowledge protects your rights

Understanding implied consent laws could help you make smarter decisions after an OUI arrest. The choices you make during a traffic stop can affect your driving privileges and your future. By knowing your rights and the potential consequences of your actions, you may navigate your options with greater confidence and protect your interests.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[5 common concerns that may affect breath test accuracy]]> https://www.ohlsonlawoffice.com/?p=49422 2026-05-07T11:19:26Z 2026-05-07T11:19:26Z 1. Calibration issues Police departments must regularly maintain breath test units to ensure accurate results. Regular calibration is of the utmost importance for accurate test results. Outdated software or improper officer training can also undermine the accuracy of breath test results.

2. Prescription medications

Certain medications can cause false positives or elevated readings on chemical tests. For example, many asthma inhalers can impact the accuracy of breath tests.

3. Unmanaged blood sugar

Those with unmanaged diabetes and those who are pre-diabetic are at risk of failing a breath test or having a false positive result due to the acetone produced by the physical state of ketoacidosis. Specialty diets, such as the keto diet, can also result in inaccurate tests by placing a person in a state of ketoacidosis.

4. Acid reflux conditions

Those with digestive medical issues, including acid reflux disease and gastroesophageal reflux disease (GERD), may produce inaccurate breath test results due to stomach contents rising in the esophagus and impacting test accuracy.

5. Personal hygiene practices

No one wants bad breath, especially when making a first impression on someone in a position of authority. Using mouthwash or a breath spray before an officer approaches the vehicle can introduce alcohol to the driver's mouth that can impact the accuracy of test results. Recognizing the factors that could have compromised breath test accuracy can help those facing OUI charges. A review of the state's evidence and factors that might undermine the reliability of that evidence with the assistance of a skilled legal team can be important components of an effective drunk driving defense strategy.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[3 ways social media posts can be used against you in a divorce]]> https://www.ohlsonlawoffice.com/?p=49417 2026-04-01T12:13:30Z 2026-04-01T12:13:30Z If you are going through a divorce in Massachusetts, social media is probably not at the top of your mind. But your posts can become evidence in your case. Courts can consider social media content when evaluating your proceedings. Both spouses must file a sworn financial statement with the court. Your social media posts can raise questions about what that document says.

Your posts could contradict what you told the court about finances

Massachusetts law requires both spouses in a divorce to file a sworn financial statement. Each party submits that document to the court under penalty of perjury. Photos of a recent vacation, a night out or a new purchase can tell a very different story than what your financial disclosures say. Opposing counsel can request your social media records through discovery, but they must follow specific procedures. If you have deleted posts, your spouse's attorney may subpoena the social media platform directly or seek forensic recovery. However, courts do not automatically grant such requests without showing relevance. Being mindful of what you share during this time is worth considering.

A judge weighing custody could take your posts seriously

Massachusetts courts use the best interests of the child standard when making custody decisions. That standard is broad, and it gives judges significant discretion. Posts showing excessive drinking, risky behavior or a new romantic partner around your children can shape how a judge views your parenting. Content that others tag you in carries the same risk. You do not have to face criminal charges for a post to raise concerns in a custody case.

Establishing a timeline of a new relationship when it matters most

The state recognizes adultery as a fault ground for divorce. A check-in, a tagged photo or a post with a new romantic interest can help opposing counsel place your personal life on a timeline. Posts that look harmless alone can take on new meaning when an attorney places them alongside other evidence. Your online presence during a divorce tells its own story.

The post that could define your case

It is helpful to treat social media as discoverable in your divorce. You must not delete social media posts once you know divorce proceedings are likely or underway. If you intentionally destroy potential evidence, you could face sanctions for spoliation and judges may presume the deleted content was harmful to your case. Thinking carefully before you share anything related to your finances, relationships or lifestyle can help you avoid unintended consequences.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[What happens if you refuse a field sobriety test in Massachusetts?]]> https://www.ohlsonlawoffice.com/?p=49414 2026-03-11T01:47:53Z 2026-03-11T01:47:53Z Right to refuse: FSTs are voluntary Unlike the chemical breath test at the police station (which carries an automatic license suspension if refused) Field Sobriety Tests in Massachusetts are entirely voluntary. Under the state’s case law, the fact that you refused to perform these tests cannot be used against you in court as evidence of your guilt. The prosecution is generally prohibited from telling a jury that you "declined to perform the tests," because the courts recognize your constitutional right against self-incrimination.

Practical consequences of refusal

While you have the right to say no, there are practical consequences to consider:
  • Probable cause for an arrest: An officer does not need FST results to arrest you. If they smell alcohol, see bloodshot eyes, or hear slurred speech, they can still arrest you for OUI based on their observations alone.
  • Lack of exculpatory evidence: In some cases, performing well on these tests is the only way to convince an officer that you are safe to drive. By refusing, you lose the chance to provide immediate "proof" of your sobriety at the scene.
It is important to remember that FSTs are highly subjective. Factors like uneven pavement, wind, uncomfortable shoes, or a simple inner-ear imbalance can make a sober person "fail." If you find yourself facing an OUI charge in Massachusetts, whether you took the tests or not, your first step should be consulting with a defense team that can create a thoughtful legal strategy.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[3 FAQ about Massachusetts’ child support processes]]> https://www.ohlsonlawoffice.com/?p=49410 2026-03-01T23:27:47Z 2026-03-01T23:13:04Z FAQ 1: I am a non-custodial parent. How can I pay for my child support? If your child support is a court order, your payments will be processed by your employer through income withholding. In this procedure, they will deduct your child support costs from your paycheck and forward it to the state’s Department of Revenue (DOR). The DOR will then send your child support payments to your ex-spouse or the “custodial parent.” If you are not paying child support by income withholding, you can send your payments online, by phone, by mail or by paying in cash through any MoneyGram locations near you.

FAQ 2: Will I acquire a penalty for my late support payments?

If your child support order was issued in the state, the DOR may charge interest and penalty on your late support payments. These will cost you:
  • A monthly interest rate of 0.5%
  • A monthly penalty rate of 0.5%
This can happen if you owe your ex-spouse more than $500 in past-due support, charged on the last day of each month. It is important to note that these charges are for any support that was due in that specific month for which you did not pay.

FAQ 3: When can I update my child support order?

In Massachusetts, either parent can file a modification request for their child support costs. However, there must be a notable change in circumstances since your order was last issued. Five common reasons for this may include:
  • A substantial change in your or your ex-spouse’s income
  • A higher expense related to your child’s educational or medical costs
  • A disability that affects your financial resources
  • An involuntary job loss
  • A change in your custody order and parenting time arrangement
Keep in mind that your request must contain substantial proof of your reasoning and be in alignment with your child’s best interests. By taking the time to learn about the state’s child support processes, you can ease the burden of uncertainty from your mind and move forward with the action that you are trying to pursue on behalf of your child and your personal situation.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Can your spouse delay divorce on purpose?]]> https://www.ohlsonlawoffice.com/?p=49403 2026-01-30T08:58:00Z 2026-01-30T08:58:00Z Ending a marriage is challenging enough when both spouses agree. It becomes far more stressful when you are ready to proceed and your spouse refuses to cooperate. If you face this situation in Massachusetts, it helps to clarify what delay means and what it does not. You cannot force cooperation, but the court can compel compliance with its rules and orders. Massachusetts allows no-fault divorce, including one-party filings. One spouse’s refusal does not end the case, but it can slow the process.

How a spouse may try to delay divorce in Massachusetts

When your spouse intends to delay, they often rely on procedural maneuvers rather than legal authority. Common delay strategies include:
  • Avoiding service of divorce papers
  • Missing deadlines for financial disclosures
  • Requesting repeated continuances in Probate and Family Court
  • Refusing to share documents needed for negotiations
  • Contesting issues only to prolong the case
Engaging in these strategies can drag out the proceedings and provoke a stern response from the judges.

What the court does when one spouse will not cooperate

Massachusetts judges often control the pace of divorce cases. They expect both parties to comply with court rules. When one spouse refuses to participate, the court may curb unnecessary delays through case management orders, sanctions and proceeding in a party’s absence. However, this is not automatic and depends on the posture. For example, if your spouse evades service, the court may allow alternative service. In cases involving children, the court may issue temporary custody orders and support orders early. In cases involving abuse or safety concerns, parties may seek protective orders or expedited relief. If your spouse ignores court orders, that behavior can damage their credibility. Courts prioritize fairness and resolution, not obstruction. While delays can increase stress and cost, they do not prevent a final judgment of divorce.

Moving forward when delay becomes a strategy

When your spouse uses delay as a tactic, clarity matters. You need to understand what the law allows and what it does not. In Massachusetts, the court will not allow one party to hold the legal process hostage indefinitely. Preparation becomes critical when cooperation breaks down. A trial-ready approach maintains focus on facts, timelines and outcomes. Understanding how delay works helps you protect your position and make informed decisions as you move forward with the next phase of your life.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[2 divorce questions couples usually ask too late]]> https://www.ohlsonlawoffice.com/?p=49353 2026-01-15T14:38:17Z 2026-01-15T14:38:17Z Will I truly understand the financial trade-offs before I agree? You may want a clean break with fewer disputes as the process begins. Before you agree, it can help to consider what each decision may mean over a longer time frame. Massachusetts divides marital property based on fairness rather than a fixed split, which can give the court room to weigh multiple factors tied to each case. Because of that structure, financial outcomes may differ from early expectations. Trade-offs may involve asset income, timing tax effects or future expenses that develop gradually. Some impacts may appear months later. Others may surface after your living costs shift. Clear financial context early in the process may help you limit second thoughts tied to details that receive less attention at the start.

What questions should I ask my attorney before we commit to an agreement?

Before you lock in terms, you may benefit from asking questions that reflect the Massachusetts divorce procedure, including:
  • What court steps may follow after you sign a separation agreement
  • What the judge may review before approval
  • When the waiting period may end before the divorce becomes final
Massachusetts often includes a waiting period before a divorce becomes final. That timeline may influence personal planning decisions.

Placing these questions earlier in the process

Divorce in Massachusetts may not move in a straight line. By raising these questions sooner, you may reduce delays, confusion and misaligned expectations as your divorce case progresses.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[Will a 1st offense OUI permanently destroy my CDL?]]> https://www.ohlsonlawoffice.com/?p=49354 2025-12-05T16:03:13Z 2025-12-05T16:03:13Z The myth of the personal vehicle Your CDL is your livelihood, so you work hard to keep a clean record. But many drivers have the wrong idea about the law. They think commercial penalties only apply if they are driving a big rig when police stop them. The Massachusetts Registry of Motor Vehicles (RMV) focuses on the license holder rather than the vehicle. Your commercial privileges depend on your standing as a standard operator. If the RMV suspends your Class D license for an alcohol offense, they automatically disqualify your CDL. This happens regardless of whether you were in a semi-truck or your family sedan.

Major disqualification penalties

The consequences for commercial drivers are significantly harsher than those for standard motorists. A regular driver admitted to the alcohol education program typically faces a license loss of 45 to 90 days and can often drive to work 12 hours a day on a hardship license. Federal and state laws classify a first OUI as a major disqualification. This results in a total ban on commercial driving for one year. You might eventually get a hardship license to drive your personal car to a non-driving job, but you legally cannot sit behind the wheel of a commercial vehicle.

The danger of a CWOF

Aggressive defense is crucial because standard plea deals often fail CDL holders. Attorneys often recommend a continuance without a finding (CWOF) for first-time offenders. You admit to sufficient facts, and the court dismisses the charge after you complete probation. While this keeps a conviction off a criminal record, the Federal Motor Carrier Safety Administration treats a CWOF as a guilty verdict. Accepting this outcome triggers the one-year disqualification just as a conviction would.

Protecting your livelihood

A year without your primary income can cause severe financial strain, especially since a "hardship license" only allows you to drive a personal car, not your commercial rig. An attorney can evaluate the validity of the traffic stop or the breathalyzer's calibration. Successfully challenging this evidence could lead to a dismissal or a "not guilty" verdict, which are the only outcomes that keep your commercial license safe.  ]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[What if your spouse hides assets during divorce?]]> https://www.ohlsonlawoffice.com/?p=49355 2025-11-06T13:12:04Z 2025-11-06T13:12:04Z Hidden assets can change your divorce outcome Judges rely on both spouses to disclose everything they own, so hiding income or investments can completely alter how the court divides property. If one person lies, the court can reopen the case, order repayment or award you a larger portion of the assets. Dishonesty also damages credibility, which can affect rulings on alimony or custody. When you stay organized, disclose your finances fully and keep detailed records, you show integrity, which is something that carries weight in every courtroom.

Unusual financial behavior often reveals the truth

Hidden money leaves traces even when your spouse tries to cover them up. Missing bank statements, delayed paychecks, new “business expenses” or loans to relatives often point to funds being moved out of sight. Instead of confronting your spouse directly, document every transaction, keep copies of statements and note any inconsistencies. Solid records give your attorney what they need to prove financial misconduct without speculation or drama.

Legal discovery helps uncover concealed assets

You don’t need to play detective. The law gives you better tools. During discovery, your lawyer can subpoena records, review tax returns and bring in forensic accountants to trace deposits, withdrawals and transfers that don’t match reported income. These steps expose hidden accounts and make the true financial picture visible to the court. Using lawful discovery instead of guesswork keeps your evidence credible and your strategy strong.

Act early to protect your financial future

If you suspect your spouse is hiding assets, timing matters. Save documents, monitor joint accounts and talk to a divorce attorney before money slips further out of reach. A lawyer experienced in financial disputes can move fast to trace missing funds and secure what belongs to you. Acting early doesn’t just safeguard your finances; it helps you end your marriage on terms built on fairness, not deceit.]]> On Behalf of Ohlson & Ohlson, Attorneys at Law <![CDATA[How to create a co-parenting plan in Massachusetts]]> https://www.ohlsonlawoffice.com/?p=49356 2025-10-02T10:08:35Z 2025-10-02T10:08:35Z What is a parenting plan? If you and your spouse are on good terms and file for uncontested divorce, the court will most likely award you with joint physical custody. Here, you and your spouse will be able to co-parent your children and share significant time with them. Usually, one parent will agree to be the primary residence for their children, where they will live most of the time. The other parent will follow a visitation schedule that outlines their agreed terms from the parenting plan. Although you are free to tailor a plan that works best for the whole family, it must include details about the following:
  • Drop-off and pickup routines
  • School events and/or extracurricular activities
  • Communication plans
  • Religious events
  • Medical and dental check-ups
  • School breaks and holidays
  • Other special occasions
By facilitating a solid structure for your children’s day-to-day routines, they can adjust to their new living arrangements and adapt to the changes gradually with little to no confusion.

Do I have to follow everything on the plan?

Since your parenting plan is a court order, you and your spouse must follow the details on it, with some flexibility. One example of this is when an unexpected situation causes you to divert from the original schedule. In this case, you should communicate with your ex-spouse and let them know how you plan to compromise for the change.

Healthy collaboration is key to co-parenting

By creating a parenting plan that balances each of your schedules and responsibilities for your children, you can maintain a peaceful collaboration with your ex-spouse and let your kids grow up feeling supported and guided.]]>