A Massachusetts OUI trial is divided up into several components. Generally, an entire OUI trial can be completed in one day regardless of whether the trial is a bench trial or jury trial. Typically, a bench trial will consume two hours or less of court time.

A OUI trial in Massachusetts has the following components:

• Electing jury or bench trial
• Jury Selection
• Opening Statement
• Commonwealth's Case, officer testifying
• OUI Defense Case
• Closing Statement

If a defendant elects a jury trial on a second or third offense OUI charge, the jury does not know about the number of prior OUI convictions that a defendant has when deciding the case. The jury hears the evidence of the underlying offense and decides whether the motorist operated under the influence of alcohol. If a guilty verdict is returned, there is a separate trial as to how many prior DUI convictions the defendant has on his record. This is important for those charged with a Massachusetts OUI to keep in mind when deciding whether to proceed to trial.

Additionally, at a Massachusetts DUI trial, the jury is not permitted to hear evidence as to whether a defendant refused a breathalyzer test. A jury is not permitted to draw any inference from the refusal to take a breathalyzer test and will not hear any evidence regarding a breathalyzer test if one was not taken. If a defendant takes a breathalyzer and the results are excluded prior to trial from evidence, the jury will also in that case not hear any evidence regarding breathalyzer test results.