Most people don’t think much about the OUI case process in Massachusetts until they’ve been charged with OUI. This is a problem because following your arrest, everything you do and say can potentially be used against you in your trial.
I know because as a former MA prosecutor, I spent years litigating OUI trials. Now, I use my 10+ years of experience to aggressively defend my clients as a Massachusetts OUI lawyer.
When you understand the OUI case process in MA, you’re empowered to make well-informed decisions such as which type of trial to opt for. Choices like these can make all the difference in the outcome of your case.
1. Arrest
The first step of the OUI case process in MA is your arrest. Typically, this happens after a police officer pulls you over with the suspicion that you’re driving while intoxicated.
You can find yourself cuffed in the back of a cruiser even if you refuse to perform the field sobriety tests. Once you’re at the station, you’ll be asked to take a breathalyzer test to determine your exact BAC.
I recommend never taking the breathalyzer test unless you truly haven’t had a drop of alcohol that day. Your results—even if you’re under a .08% BAC—instantly become evidence that can be used against you in court.
2. Arraignment
After your arrest, the next step of the OUI case process in MA is your arraignment. This almost always happens on the next business day following your arrest.
During this court appearance, your charges will be formally read and you’ll be advised of your rights. This is to ensure you fully understand what you’re being charged with and what the next steps are.
You’ll also be asked to enter a plea. I advise pleading Not Guilty at this stage—if you plead Guilty, you’ve let go of any opportunity to clear your name or fight the charges.
The court will then decide whether to set a bail amount or hold you in custody until your trial. Lastly, you’re typically given the date of your next court visit, which will be your pre-trial conference.
3. Pre-Trial Conference
Your pre-trial conference will usually happen 4 to 8 weeks after your arraignment. This is an opportunity for the prosecution and your lawyer to gain additional information, negotiate a resolution, and investigate deeper into your case.
You may also attend multiple pre-trial conferences. The District Attorney’s office often needs time to provide requested information, which results in more than one of these meetings.
4. Motion Hearing
A lot can happen during a motion hearing. First, the arresting officer will testify about the arrest and any related details, including their reason for pulling you over.
As your OUI attorney, I’ll use the information gathered from the pre-trial conference and the officer’s testimony to argue against the validity of your charges.
If the stop was unlawful or any protocols weren’t followed, we may achieve complete dismissal of your charges at this stage.
Otherwise, we’ll use this hearing to file motions that strengthen your defense. This may include removing certain pieces of evidence from the case if they weren’t lawfully obtained or handled.
5. Trial
If your charges aren’t dismissed or dropped in the prior steps, you’ll proceed with your trial. You have the right to choose whether you want a bench trial, which is heard by only a judge, or a jury trial, in which a jury decides the verdict.
Each has specific pros and cons. Which is the best choice for you depends entirely on the details of your OUI charges. As your OUI attorney, I can advise you on which is best for your unique situation.
An OUI trial in MA typically takes just one day. Regardless of which type you opt for, the prosecution must prove beyond reasonable doubt that you’re guilty. Your attorney will use all of the information from prior steps to argue against the prosecution and pick apart flaws in their argument.
If you’re found guilty, the judge will determine a sentence based on specific factors of your case, such as whether this is your first offense or a subsequent offense.
If you’re found not guilty, you won’t be sentenced to any kind of penalties or consequences. The sooner you get in touch with me following your arrest, the more likely we are to win the best possible outcome.
FAQs About the OUI Case Process in MA
What does OUI mean in Massachusetts?
In Massachusetts, OUI means “operating under the influence.” When someone is arrested for driving while intoxicated or impaired by drugs, they are formally charged with OUI.
But you don’t have to be driving to be charged with OUI. Let’s say you realize you’ve had too much to drink, and you pull over. You sleep in your car with the radio and the heater on.
A Massachusetts police officer could still charge you with OUI because you were technically operating elements of the vehicle while intoxicated.
What are the long-term effects of an OUI conviction in Massachusetts?
The long-term effects of an OUI conviction in Massachusetts include:
- Criminal record – Your OUI will be visible on your criminal record for life
- Insurance hikes – Your car insurance premiums are very likely to increase
- Jail time – Even if it’s your first offense, you can spend up to 2.5 years in jail
- Driving record – Your OUI will be visible on your driving record for at least 10 years
- License suspension – Subsequent OUI convictions carry longer suspension periods
- Employment – You may be unable to perform current job duties or advance your career
Can an OUI charge be reduced to a lesser offense in MA?
Yes, an OUI charge can be reduced to a lesser offense in MA. This is most likely to happen when you work with a skilled, experienced attorney who deeply understands the OUI case process in MA.
When I represent clients facing OUI charges, I dig deep into the evidence, the actions of the arresting officer, and much more.
If we can demonstrate that, for example, your Constitutional rights were violated or there was no valid reason for pulling you over, getting your charges reduced—or dismissed entirely—will be our top priority.
Hire a New Bedford OUI Lawyer to Fight for Your Freedom
Especially since the passage of Melanie’s Law in 2005, MA has some of the most severe OUI penalties of anywhere in the country. Without help from a skilled, aggressive MA OUI lawyer, the course of your life may be forever altered following this OUI arrest.
If you’re struggling to navigate the OUI case process in MA, call Fogarty Law at (508) 317-0339 for your free 60-minute case evaluation.
