What To Do After Your DUI Arrest
What to do after you are arrested for OUI in Massachusetts
What are the steps you need to take immediately after being arrested for OUI in Massachusetts. There are three things you should do right away:
- Understand the license consequences: If you refused a breathalyzer test your license is suspended, the amount of time depends on the number of prior OUI convictions you have in your lifetime. It is important to understand this as you only have 15 days to appeal a breathalyzer refusal suspension.
- Hire a Massachusetts OUI lawyer.
- Take steps to preserve any video evidence that may not be available if immediate action is not taken.
Understand that an OUI charge is difficult to prove: Nationwide, more than 1 in 4 drunk driving defendants are not convicted.
OUI trials occur everyday in the Massachusetts district courts. Many result in not guilty verdicts as the charge is a unique criminal offense. It is a crime based on the opinion of the arresting officer that you had too much to drink. In most cases, there are numerous ways to challenge the reliability of this opinion and methods to undermine this opinion to achieve a not guilty verdict at trial. The standard a police officer must satisfy to arrest a motorist is substantially lower than the standard required for a conviction at trial.
What are the license consequences?
This is based on:
- Offense level;
- Whether or not you refused the breathalyzer test.
What are my defenses?
Your police report is usually given to you on the arraignment date. I can review your police report so we can discuss your defenses and what additional evidence we need to prepare your defense. The police report will contain most of the evidence that the Commonwealth has against you in the case.
What will happen in court?
A Massachusetts OUI arrest will go through the court process in the following manner:
- Pretrial Conferences
- A motion date
- A trial date.
While it is possible to bring the case quickly to trial, the Commonwealth can take time gathering the evidence and to have motions heard by the courts.
How long will my case take to reach a conclusion?
If there is going to be a plea agreement, this can happen early in the process. However, if a case is going to trial, a trial date depends on the court that your case is heard in. When a case is scheduled for trial, it is scheduled for trial along with many other cases and the court moves through the list to determine which cases are ready and prioritizes the cases based on relative importance.
Hiring a Massachusetts OUI Attorney is an important step to making sure you understand how Massachusetts drunk driving law operates, so you can protect your right and have the piece of mind that you are on the correct path to defending yourself against this charge. You can download my free book to learn more about Massachusetts drunk driving laws or call me to discuss your questions at 781-686-5924.