When you are charged with operating under the influence in Massachusetts, sometimes referred to as OUI/DUI or DWI, you will be given a court date for an arraignment.

Arraignment Date for OUI: The arraignment is when you are formally advised of the charges against you and the court determines whether to release you on your promise to return to court on the pretrial date, or whether to set cash bail or to impose conditions of release.

If you have no record and are charged with a 1st or 2nd offense OUI, you will generally be released without having to post cash bail on your promise to appear in court. If you have a 3rd or subsequent offense OUI charge, the court may impose conditions of release or require you to post a cash bail.

Potential for cash bail in Second and Subsequent offense OUI arrests: If you are charged with a 3rd offense or higher, bail is likely to be an issue. The amount of bail is determined by a number of factors, including your criminal record, the strength of the Commonwealth's case, and your ties to the community.

Pretrial conference: Following the arraignment date, the case will be set down for a pretrial conference. The pretrial is an opportunity for your lawyer to speak with the district attorney regarding outstanding information that you are entitled to have to prepare the case for trial. The pretrial phase is also an opportunity to obtain a hearing on any motion to suppress or exclude evidence.

Motions in Massachusetts DUI cases: One possible motion is a motion to suppress evidence obtained as a result of the stop being in violation of your Constitutional rights under the Fourth Amendment and Article 14 of the Massachusetts State Constitution. The basis of this motion is that the officer did not have a legal basis to stop your vehicle under the Constitution. If this motion is successful, the case will get dismissed. Even if it is unsuccessful, the motion generally reveals valuable discovery as it provides a preview of the officer's testimony.

A second type of motion is a motion to suppress statements obtained in violation of your Miranda Rights. This motion generally will not result in the dismissal of the case, but often strengths your defense if successful by precluding the Commonwealth from being able to offer into evidence statements either during the field sobriety tests or at booking that will help the Government's case.

OUI trial: After the pretrial stage, the next step is to set a trial date. In an OUI/DUI trial, the trial typically takes only one day and is before either a judge or a jury. Depending on the facts of the case and the judge, sometimes a bench trial offers an OUI defendant a better opportunity to obtain an acquittal. Only after careful evaluation of all the evidence can this important decision be made as to whether to proceed with a trial before a jury or judge.

If you were arrested for OUI in Massachusetts, call Attorney DelSignore to set up an immediate appointment. Attorney DelSignore will begin preparing your case and can represent you on your Massachusetts OUI charge even if your court date is the next date or within a few days. Attorney DelSignore understands the anxiousness, fear and anxiety that your DUI charge has caused and will speak to you immediately at a free consultation. After speaking to Attorney DelSignore, you will understand the process and feel confident that you can win your DUI case.