What documents should the police department provide you when you are arrested for OUI in Massachusetts?

Many times after an arrest, an individual will ask an initial appointment with an OUI lawyer in Massachusetts, what is the significance of the documents that the police department provided. Let me explain the type of documents you likely received:

  • First, you probably received a blue form that is your bail slip. If it was your first OUI offense, you were likely released on your promise to appear in court for an arraignment, which typically will be the next date or the upcoming Monday if a weekend arrest.
  • A second form you may have received is the citation. In any OUI arrest, a police officer is required to issue a citation, which is similar to a traffic ticket. The difference is that this ticket cannot be paid as it is part of a criminal charge. However, Massachusetts General Laws Chapter 90 Section 24, which governs OUI offenses, provides for the potential of dismissal of the case for noncompliance with the citation component of the law.
  • A third form you may have received is documents of your breath test results or a document showing you refused the test.
  • The Fourth and final form is a notice of license suspension. This notice will inform you of either a 30 day license suspension for a breath test failure or a 180 day or great suspension for a breath test refusal and advise you of the process to appeal that suspension.

What documents you will NOT be given?

You will not be given a copy of the police report after your arrest and nor should you try to obtain a copy the next day. You will not be able to receive the police report until the first court date, the arraignment date. If your case is scheduled for a summons arraignment, which occurs if you were brought to the hospital, your lawyer may be able to obtain a copy of the police report sooner. You should not spend time trying to obtain a copy of the police report prior to court.

If you have any questions about OUI laws in Massachusetts, about the court process or the potential defenses to your case, I invite you to Download my Free Book, Understanding Massachusetts Drunk driving Laws

Look through the OUI video section of my website where I try to answer common questions

You may also call me at 781-686-5924 or 508-455-4755 if you have questions.

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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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