The Court Process
Massachusetts OUI Process
Arrest
If your blood alcohol content (BAC) was at least .08 percent – or .04 percent if you are a commercial driver – then you will be arrested for an OUI in Massachusetts. If you are younger than 21 years of age, you will face administrative penalties if your BAC is at least .02 percent.
If you failed your post-arrest chemical test, your driver’s license will be suspended for 30 days. On the other hand, if you refused to take a chemical test, your license will be suspended for 180 days.
Arraignment
Following your arrest, your “arraignment” date with be scheduled. During your arraignment, your charges will be read, and you will be advised of your rights, including your right to an attorney.
Pre-Trial Conference
Within four (4) to six (6) weeks, a pre-trial conference will be held. The prosecutor will offer you a plea bargain. If you hire a lawyer, he/she will advise you to either accept or reject the deal. Additionally, your attorney may file motions for discovery of evidence and motions to suppress evidence.
Motion Hearing
At the motion hearing, your lawyer will argue how the arresting officer violated your rights during the arrest and/or chemical test process. The arresting officer has a chance to provide the reasons for pulling you over and arrest you for OUI. If law enforcement officials performed an unlawful traffic stop, your attorney may get your entire case dismissed. If the police violated your rights, this fact could strengthen your defense.
Trial
Your trial will be held in district court, either in front of a jury or a “bench trial” (e.g. judge). Your lawyer will determine which method is best suited for your case. The trial consists of opening statements, cross-examination by both sides, and closing statements, before a judge or jury determines a verdict.
Sentencing
Once the trial ends, the court will impose a sentence if you are convicted at trial of if you accept the plea bargain. A first OUI conviction is punishable by a maximum two-and-a-half-year jail sentence, fines of up to $5,000 (not including other fees), and driver’s license revocation for up to one year.
We Are One Step Ahead of the Game
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Trained Breath Test Machine Operator
Attorney Joseph D. Bernard is the only attorney in Massachusetts who has completed the breath test machine operator training conducted by the police.
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Certified Field Sobriety Test Administers
Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.
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Former Assistant District Attorney
We understand OUI cases from both sides of the fence and know exactly how to defend our clients.
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Lawyers Who Provide a Scientific Defense
We understand how important it is to take scientific factors into account when preparing an OUI/DUI defense.