The Court Process for DUI Charges
DUI Arraignment
DUI Preliminary Hearing
DUI TRIAL
What Happens After A Drunk Driving Arrest in Massachusetts
Arraignment: After your arrest if you are bailed out you will usually be given an arraignment date within a few days. You will then have to appear in court and have the charges officially read to you and be advised of certain rights. If you are not bailed out, generally you will be brought to court on the next business day.
License Suspension: If you failed the breath test your license will be suspended for 30 days. If you refused the breath test your license will be suspended for at least 180 days. The length of your suspension depends on the number of prior OUI offenses on your motor vehicle record. You are not eligible for a hardship license during this suspension period. If you are found not guilty or your case is dismissed prior to the termination of your breath test suspension, you are likely eligible for reinstatement.
Pre-trial Conference: Generally this happens several weeks after the arraignment date. At this court date you have the opportunity to waive your right to a trial and make an admission to the charges against you, or reduced charges based on a plea bargain with the prosecutor. If you change your plea, I’ll work with you to get a hardship license to minimize the inconvenience of being unable to drive.
Suppression Hearing: If it appears that your constitutional rights have been violated I may file a Motion to Suppress Evidence against you. This will require a hearing in court where I will have the arresting officer on the witness stand to answer questions about your arrest. This hearing will take place some weeks after your Pretrial Hearing.
Trial: Almost all trials in drunk driving cases take place in District Court where you have a right to have a trial in front of a jury of 6 or a trial in front of a judge.
Sentencing: The court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, community service, alcohol classes and fines. If you are charged with a subsequent offense, you have the right to a second trial to require that the prosecutor prove your previous convictions.
NOTE: Often there are additional court appearances that are necessary to prepare your case for trial. Although the pending charges are a significant inconvenience, delay is always to the advantage of the person charged with a crime.
Call the office of Ed Sharkansky to DUI charges and have an experienced Boston OUI Lawyer represent you in Massachusetts courts and in Middlesex County, Bristol County, Plymouth County, Suffolk County, and Norfolk County.