ARRESTED ‒ NOW WHAT?
If you have been charged with drunk driving (referred to as either an "OUI" or "DUI") anywhere in Massachusetts, you are probably wondering what you should do next.
There Is One Thing You Can Do To Make Sure
Your Case Is Handled In The Best Way Possible ‒
Hire A DUI Defense Attorney
A criminal charge should never be handled alone, especially where the Massachusetts legal system is often eager to make an example out of drunk drivers, and so commit defendants to the maximum sentence. Whether you are a First Time Offender or a Repeat Offender, our DUI Defense Attorneys are here to defend you, to make sure you don't serve a day in jail, or pay a cent more than you have to.
After Your Arrest…
The next steps will depend on where the arrest happened. Generally, you will be searched, your car searched, your car towed away, and you'll be handcuffed and taken to the booking station in a police car. You will most likely be fingerprinted and photographed prior to spending time in jail.
Once you get out, your driver's license - and right to drive - will have been suspended. You will have to figure out how you are going to get to home (let alone work) since you are now unable to drive. Moreover, if your car was impounded, your family may have to manage with one less car than they had in the past.
You Have a Right to Know What Is Going to Happen
At Every Step of the Process
Our DUI Defense Attorneys know that you have just been arrested, have an impending Registry of Motor Vehicles (RMV) Hearing, and need to get a Hardship License.
Learn about the DUI Court Process here.
The following is an overview of what will most likely happen during the first few weeks following your initial arrest:
1. Attend Your Arraignment. Within a day or two, you will appear in court for your arraignment. Here, the Judge will read those charges filed against you, and explain them to you, if necessary. You will plead either "guilty" or "not guilty" - those who have been around the block would tell you that pleading "not guilty" is the better way to go so early in the game.
Learn More About Your Specific Courthouse
If you are about to appear at your arraignment, do your homework on the specific courthouse at which you are to appear. Go to one of our DUI Defense Law Firms below, and then click on the specific courthouse in the upper right-hand corner.
Boston DUI Defense
South Shore-South Coast-Cape Cod DUI Defense
North Shore (Northern Middlesex & Essex County) DUI Defense
Worcester DUI Defense
Western Massachusetts (Springfield) DUI Defense
2. Registry Hearing. Following your criminal court appearance, your DUI Defense Attorney will likely represent you at your Registry Hearing. This is a civil hearing where you'll fight to keep your driving privileges or, at minimum, apply for a Hardship License.
Go here to learn more about the Registry Hearing and Hardship License.
3. Discovery. Unless your matter has already been resolved at the arraignment, the next step will be your DUI Defense Attorney filing discovery motions. Here, we seek to gather any and all information about your case.
4. Subpoenas. We will then subpoena the arrest records. This will provide us with the police officer's version of what happened during your arrest.
5. Review the Breath Test. We will also subpoena the Breathalyzer log. This will tell us if the breath test machine was tested for accuracy prior to your stop and whether the officer was licensed to use the machine. If we can get this evidence suppressed, your case improves greatly.
6. Audio/Video Tapes. We will subpoena any audio/videotapes available. Here, we can make our own independent investigation into the events of your arrest and booking. Rather than rely on the officer's subjective opinion, this evidence will allow us - along with the Judge or the jury - to make our own decision as to your state of mind and body at the time of the arrest.
Why Do Police Officers Erase OUI/DUI Videotapes?
On his DUI Blog, Los Angeles, CA-based Attorney Lawrence Taylor reports that many law enforcement agencies use videotapes to record a DUI suspect's driving, appearance, demeanor, slurred speech and performance on the field sobriety tests. This taping may be done with a camera mounted in the police car, or with one at the police station.
It is common to encounter situations where a suspect was videotaped but the tape was later erased (the legal term for this erasure is "spoliation"). This is sometimes done accidently. Unfortunately, it is often done for a more insidious reason: the tape shows the arrested person may not have been under the influence - his or her driving was not erratic, speech not slurred, balance and coordination on field sobriety tests not impaired.
Our DUI Defense Attorneys put the spotlight on sloppy police work and improper arrest procedures. Listen to how Attorney Irwin M. Pollack will testify in court here.
AGGRESSIVE MASSACHUSETTS
DUI LAWYER & OUI ATTORNEY
If you or a loved one has been arrested and charged with a Massachusetts OUI, our DUI Defense Attorneys with a reputation for hard-hitting strategic defenses can help. Call (888) 693-8434 to schedule a FREE Case Review at any of our offices, or contact us online for a no-obligation consultation relating to help in any of the following areas: