Dedham OUI Consequences
Operating a vehicle under the influence is a serious offense that could have serious consequences for an individual. For example, following an arrest, the police may take the person to the local police department or local state police barracks. If you have been charged with an OUI offense speak with a qualified OUI attorney that could attempt to mitigate the Dedham OUI consequences you may face.Differences Between Jail and Central Booking
One of the Dedham OUI consequences a person could face is an arrest. Following an arrest, an individual is taken to central booking, an area where the officer takes the person's fingerprints and photographs, asks demographic questions and administers the breath test if that does occur.
Central booking is an area within the police station. Jail is a separate facility. Typically, a person does not encounter jail unless they are convicted on a subsequent offense of OUI. It is unlikely an individual would see jail on a first-offense OUI. There are cells within the police station, but those are not considered jail.What Happens After Someone is Booked?
After a person is booked, bail is posted depending on the time of day and whether a bail bondsman is available. If someone cannot post bail or have a bail bondsman post the bail, they are put in a cell within the police station. If the person is able to post bail, the police department requires that somebody comes to pick them up if the person was arrested for OUI and the police believe they had too much to drink. The person's license may or may not be suspended, so they may need to have somebody pick them up.Potential Jail Time
There are some occasions where an individual is not put in jail for an OUI in Dedham. Under the statute for a first-offense OUI, an individual can be sentenced up to two and a half years in the House of Corrections, which is jail. However, jail is unlikely on a first-offense OUI.Medical Resources Available in Jail
Medical staff is available at the jail in Dedham. For a more significant issue, the person can be transferred to the hospital. It is unlikely that a person would be asked to submit to a breath test in Dedham jail.Mandatory Minimum Sentences
When deciding what Dedham OUI consequences a person may face, a judge must take mandatory minimums into consideration. A mandatory minimum sentence is an amount of time in jail the statute provides that must be imposed based on the charge. For example, a second-offense OUI has a mandatory minimum of 60 days in the House of Corrections. However, that sentence can be suspended, meaning it is ordered by the judge that the individual only needs to serve that time if they violate terms on probation. However, an OUI third offense has a mandatory minimum of six months in the House of Corrections. The person is ordered to serve 150 days upon conviction.When Might Arrest Records Be Made Public?
Arrest records should never be made public. They are only searched. Massachusetts has the Criminal Offender Record Information (CORI) system where an individual's arrest records and their public records are not made public. Their criminal records are not published. Arrests and arrest reports can be possibly made public; but they are not typically published. However, members of the public can obtain arrest records upon request at the court.
Usually, mug shots are not made public in Massachusetts. There could possibly be a circumstance where someone requests them from the police department. However, it is unlikely that members of the public have access to them.Is Expunging a Record Possible?
Massachusetts does not have expungement. Instead, records are sealed in Massachusetts. However, a record of the arrest can be accessed by police and court systems. When a case is disposed of, there are certain ways a person can go about sealing a record in Massachusetts.
There is a process to seal an individual's record. For a non-conviction such as a dismissal or continuance without a finding, an individual can petition the court to seal the record without a waiting period. There are some waiting periods for misdemeanors and felony convictions. However, there is a possibility that an individual can have the records sealed if they show good cause. When a person is acquitted, there is still a record of the charge. The person can petition the court to seal the record when found not guilty. If an individual wants to know more about expunging their record and/or mitigating Dedham OUI consequences, they should consult an experienced OUI lawyer that could help.