After OUI Arrests in Dedham
In Dedham, the area or town where the person is arrested determines where they are taken upon arrest for an OUI. If a person is arrested in a local town, they are brought to the town's police station. If the person is arrested on the highway, they will likely be brought to a state police barracks.
With a first-offense OUI, the person has a bail of $40 unless there is some egregious circumstance. There is no hearing at the station after OUI arrests in Dedham. However, once the individual is brought to court, and the district attorney requests additional bail, the person can have a professional OUI attorney for the hearing.What Happens After Being Brought Into the Police Station
When a person first gets to the police station, they are asked to remove their jewelry, belt and shoes. After OUI arrests in Dedham, someone should expect to be patted down by the officer. The officer questions the person about where they live, their social security number, and asks basic background questions.
The officer then advises the person of their Miranda rights, the right to remain silent. With an OUI case, the officer also advises the person of their right to take the breath test and the person is given the opportunity to consider that. With respect to the breath test, if the person elects to take the breath test, a 15-minute observation period must occur. The officer is required to watch the individual for 15 minutes prior to taking the breath test to make sure there is no contaminating event.
After the 15 minutes have concluded, the person takes a breath test which consists of giving two breath samples. Depending on the results of the breath test, the person is fingerprinted. The officer takes booking photos of the person and if the person is not bailed out that night, they are placed in a cell for the evening.What will happen to my car?
Facing charges of operating under the influence can affect your life in multiple ways. A skilled OUI attorney can help you prepare for what happens to a car after a Dedham OUI. They can help you understand the likelihood of a car search and the towing process you may have to deal with following your arrest.What to Expect When Retrieving a Towed Car
Towing is often a critical part of what happens to a car after a Dedham OUI. When retrieving their car from a tow lot, the person should bring some form of identification and any documentation the police department gives the person with respect to their car.
The person’s car is searched pursuant to an inventory policy search. For the safety of the lot or anyone accessing the lot and to protect the owner's belongings, the car is searched prior to being or while being in the lot and pursuant prior to the person picking it up.Likelihood of Car Searches in OUI Cases
A vehicle can be searched when something is seen in plain view and the officer has probable cause to search the vehicle. There are some legal issues that might allow the officer to search the car while the person is on the side of the road.
Those are to subject to motions to suppress made by a defense attorney. Additionally, the police have authority to search any car that is going to be towed and taken into custody under the inventory policy exception to the warrant requirement in Massachusetts.
Police officers should have a search warrant to search a car. The exception in Massachusetts is when a car is taken to a tow lot. The police officer is permitted to do an inventory search of the car to make sure the owner's belongings are secure and there is nothing dangerous inside the car.Impact of Found Substances in a Searched Car
If the police officer finds any illegal substance inside the vehicle, the person can incur additional criminal charges that could affect their underlying OUI case. An experienced criminal defense attorney reviews the search and may make a motion before the judge to suppress any findings of the search.
A person has a right to refuse a breath test at any point throughout the OUI investigation. If an individual is asked roadside or is asked at the station to take a breath test, they have the right to refuse the breath test.Consequences of Refusal
When someone refuses a breath test, they can end up with a lengthier loss of license. It is often helpful in the court case to refuse the breath test. However, it is important to note that the person receives a longer license suspension if they refuse the breath test than if they take it and fail.When to Contact an Attorney
It could be critical for an individual to contact an attorney immediately after OUI arrests in Dedham. If they can make a phone call at the station, they should reach out to an attorney to get some advice. When the individual cannot do that at the station; as soon as they are released, they should contact an OUI attorney.
Technically, a person can contact an attorney during an OUI stop. It is always best to comply with the officer, be polite and cooperative, and make sure not to make any incriminating statements. If possible, it is probably best to make the phone call when the person is off the side of the road.