Massachusetts DUI Court Process

Many steps occur following an arrest for a DUI/OUI in Massachusetts. Below you will find information regarding the typical legal process and what to expect at each stage in a Massachusetts DUI/OUI case.

The basic MA DUI process from Arraignment through Appeal

ARRAIGNMENT - your first court appearance following your arrest for DUI/OUI in Massachusetts is called the Arraignment. Typically this hearing will take place the first business day following your arrest. At this hearing, you will go to court and the judge will explain the charges against you, and ask you to enter a plea. If you plead Guilty, the judge will impose a sentence. If you plead Not Guilty, your case will be set for pretrial.

NOTE: It is highly encouraged that you at least consult with an experienced Massachusetts DUI attorney prior to your arraignment so that you are fully informed of your options prior to entering a plea. If you hire an attorney to represent you, he/she will have an opportunity to review the police report and advise you at this hearing and each subsequent stage of your case.

PRETRIAL HEARING - the pretrial hearing is an opportunity for the judge to keep informed on the progression of your case. Issues with discovery and scheduling may also be dealt with at this time. The pretrial hearing is also a chance for you or your attorney to have a pretrial conference with the prosecutor regarding possible plea bargains that may be available to you. If a plea agreement is reached at or prior to this hearing, the judge will enter it on the record. If no plea arrangement is made, the judge will set your case for trial.

MOTION HEARINGS - If your case has been set for trial, your attorney will likely have defense motions to file that attempt to suppress certain evidence. Once a defense motion has been filed, a hearing will be held. At the motion hearing, your attorney may call witnesses and cross examine the police officers or state witnesses involved in your case. Examples include motions regarding the validity of your stop and motions to suppress chemical test results.

TRIAL - There are two possible types of trials in Massachusetts DUI/OUI cases. In a Jury trial, arguments will be made before a judge who will decide issues of law, and to a jury who will determine issues of fact. In a Bench trial, your case will be heard by only a judge who will act as both judge and jury, determining issues of law as well as issues of fact. Typically, Bench trials are more desirable in cases involving complex legal arguments that would be too confusing for a jury to understand. Whether you will have a Bench trail or a Jury trial is a strategic decision that should be discussed with your attorney. At the end of your trial, the judge will impose a sentence if you are found guilty, or dismiss the charges if you are found not guilty.

APPEAL - Following a guilty verdict in a DUI/OUI trial in Massachusetts, you have the right to appeal. You must file your request for an appeal timely, or your right will be considered "waived."