Ohlson & Ohlson, Attorneys at Law Ohlson & Ohlson, Attorneys at Law2026-06-25T11:16:19Zhttps://www.ohlsonlawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1104497/2020/09/cropped-site-identity-32x32.pngOn Behalf of Ohlson & Ohlson, Attorneys at Law<![CDATA[What penalties can you face for refusing a breathalyzer test?]]>https://www.ohlsonlawoffice.com/?p=494332026-06-25T11:16:19Z2026-06-25T11:16:19ZWhat is the implied consent law?
Massachusetts is an implied consent state. By driving on public roads, you are deemed to have consented to chemical testing under certain circumstances if an officer suspects you are driving under the influence. Chemical testing generally includes breath or blood testing, depending on the circumstances. Refusing a breathalyzer test violates that implied consent requirement, which typically subjects you to legal penalties.
The consequences for refusing a breathalyzer test are separate from penalties you might face for an OUI conviction. Many drivers do not realize that a refusal alone can lead to punishment, even if they were not intoxicated.
What are the state’s license suspension penalties?
Refusing a breathalyzer test in Massachusetts triggers an automatic license suspension. For a first refusal, you will generally face a 180-day suspension of your driver's license. This suspension starts right away, even before your case goes to court.
Penalties may become more severe if you have prior OUI convictions or past breathalyzer refusals. A second refusal leads to a three-year suspension. A third refusal results in a five-year suspension. These penalties can make it harder to work, attend school and handle your daily responsibilities.
What other consequences should you consider?
Refusing the breathalyzer test does not guarantee that you will avoid an OUI conviction. The police can still arrest you based on other evidence, including field sobriety tests, driving behavior or signs of intoxication. Understanding the consequences of refusal can help you weigh those considerations more carefully.
Your awareness can protect your interests during a traffic stop
Knowing the consequences of refusing a breathalyzer test can help you make better decisions during a traffic stop. While refusal may seem like a way to avoid incriminating evidence, it can lead to serious penalties and make your defense harder. Before refusing a test, consider how that decision could affect both your driving privileges and your legal case.]]>On Behalf of Ohlson & Ohlson, Attorneys at Law<![CDATA[Protecting your business revenue from being counted twice for alimony and asset division]]>https://www.ohlsonlawoffice.com/?p=494292026-06-16T07:48:52Z2026-06-16T07:41:32ZIf you own a business, divorce can bring financial concerns that go beyond dividing property. One issue that often worries business owners is "double dipping." In simple terms, you may fear that the same business income could affect both the value of your company and the amount of alimony you may need to pay.
Understanding how Massachusetts handles this issue may help you prepare for the business valuation process and better understand what could affect your finances after divorce.
What is the double dipping conflict?
During a divorce, a court must not use the same business income twice.For example, a court may look at your company's past and expected earnings to decide how much the business is worth when dividing marital property. The court may then consider that same income when deciding whether alimony is appropriate and, if so, how much to award.Many business owners see this as an unfair financial burden because both decisions rely on the same source of income. Massachusetts law addresses concerns about this type of overlap.
Why does business income receive special scrutiny?
A closely held business often represents years of hard work and careful planning. Unlike money sitting in a savings account, a business depends on steady income to keep running and growing.During a divorce, you may worry about several financial pressures, including:
Paying a large property award based on your company's value.
Covering ongoing alimony payments tied to the same income source.
Keeping enough cash on hand to pay employees, manage inventory and support future growth.
These concerns are common. Courts may take a closer look at how financial experts value a business before making decisions that affect both spouses.
How does Massachusetts address double dipping?
Massachusetts law states judges must leave out capital gains, dividends and interest income from assets that the spouses already divided when calculating alimony. In some situations, if an expert uses future business earnings to determine the value of the business for property division, those same earnings may not also form the basis for alimony.
Looking ahead with greater clarity
Concerns about double dipping often show why accurate business valuations matter during high-asset divorce. Massachusetts courts may review your financial records, the valuation methods used and the facts of your situation before making a final decision.]]>On Behalf of Ohlson & Ohlson, Attorneys at Law<![CDATA[How can your clothing affect field sobriety test performance?]]>https://www.ohlsonlawoffice.com/?p=494272026-06-04T08:58:20Z2026-06-04T08:58:20ZFootwear creates the biggest challenge
Your shoes play an important role in how well you can perform balance-related sobriety tests. High heels make it extremely difficult to walk in a straight line or stand on one foot. The elevated heel shifts your center of gravity and reduces your stability, making even simple tasks challenging.
Platform shoes, wedges and boots with thick soles also affect your balance and coordination. Flip-flops or loose sandals can slip off your feet during the test, causing you to stumble. Even worn-out shoes with smooth soles can make you lose your footing on wet or uneven pavement. If you are wearing heels higher than two inches, officers should allow you to remove them before testing.
Restrictive clothing limits your movement
Tight skirts, dresses or pants may restrict your range of motion during field sobriety tests. The walk-and-turn test also requires you to take heel-to-toe steps, which becomes difficult if you are wearing a pencil skirt or a tight dress. Similarly, the one-leg stand test demands balance and flexibility that restrictive clothing prevents.
Heavy coats or bulky jackets affect your balance by adding weight and limiting arm movement. Officers use your arm positioning and balance as indicators during these tests, so anything that interferes with natural movement can lead to poor performance.
Why clothing matters for test validity
Field sobriety tests are designed to help police officers find evidence of OUI. However, these tests assume you are wearing appropriate clothing and footwear. When your outfit makes the tests more difficult, the results may not accurately reflect your sobriety.
Massachusetts officers receive training on how clothing can affect test performance. They should account for these factors when evaluating your results. However, not all officers properly consider how your attire might influence your performance.
If you find yourself in this situation, you might politely mention concerns about your clothing affecting the tests. While officers make the final decision about testing conditions, bringing attention to legitimate obstacles could be important later if you need to challenge the results.
Protecting yourself from wrongful charges
Understanding how your clothing and footwear can affect your performance on field sobriety tests helps you better evaluate the situation during a traffic stop. By recognizing potential obstacles and communicating them clearly, you can help ensure a more accurate assessment. Staying aware of these factors allows you to protect your interests and make informed decisions.]]>On Behalf of Ohlson & Ohlson, Attorneys at Law<![CDATA[What does implied consent mean in Massachusetts?]]>https://www.ohlsonlawoffice.com/?p=494252026-05-07T12:35:58Z2026-05-07T12:35:58ZThe 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=494222026-05-07T11:19:26Z2026-05-07T11:19:26Z1. 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=494172026-04-01T12:13:30Z2026-04-01T12:13:30ZIf 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=494142026-03-11T01:47:53Z2026-03-11T01:47:53ZRight 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=494102026-03-01T23:27:47Z2026-03-01T23:13:04ZFAQ 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?
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=494032026-01-30T08:58:00Z2026-01-30T08:58:00ZEnding 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=493532026-01-15T14:38:17Z2026-01-15T14:38:17ZWill 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.]]>