The Legal Process Explained by an OUI Lawyer in Attleboro MA

• Singh Law 4 U
• February 10, 2025

According to the research, approx. 1.5 million people get arrested every year in the states for driving under the influence. Therefore, it goes without saying that despite so many announcements and warning messages from the gov., people still are driving under the influence which leads to arrests. 

However, if you know someone who is going through this phase, it’s time you suggest the person consult with an experienced OUI lawyer in Attleboro MA. Usually, the OUI charge is a misdemeanor offense that is heard in the district court. 

However, this whole process can be divided into several steps. Read this blog to get insight into the thorough legal process so that you can clearly understand what to do.

Arrest

If you are a commercial driver and your BAC or Blood Alcohol Content is 0.8 to 0.4, then police will arrest you with an OUI charge. But if you are younger than 21 years old and your BAC is at least 0.2, then you may have to face administrative penalties. 

There is a chemical test that happens once you are arrested and if you fail there, in that case, your driving license will be suspended for 30 days. Nevertheless, if you refuse to take the chemical test, then your driving license will be suspended for 180 days.

Arraignment Date

When you are charged with DUI, OUI(operating under the influence), or DWI (driving while intoxicated), the official will give you a court date for arraignment. You have to be resent in the courtroom on that very date and are advised of your rights including to the OUI lawyer in Attleboro MA. 

On that very date, the court also decides whether to release you on your promise to be present on the next scheduled date in the court to impose conditions of release or whether to set cash bills. 

If you are charged for the first or second time and have a little bit of record, then bail may not be required for you. Once the arraignment is done, the court will give you a pretrial conference date to come back to the court.

Pre-trial Conference

Generally, the court sets the pre-trial date 4 to 8 weeks after the arraignment date which is called as discovery period. The OUI lawyer in Attleboro MA gathers all the information related to your case and formulates a case theory or strategy if required. 

Not only that, but the experts also keep you updated about any changes or give you case materials. In addition, this is one of the most important ways for both the prosecutor and the lawyer to make sure that there is no evidence left to gather. 

In the meantime, both parties try to get a possible solution for the case or provide any specific information to run the case further. The most possible resolution for such cases is a plea. Keep in mind that there can be several pre-trial conferences.

Motion Hearing

In this step, your OUI lawyer in Attleboro MA will try to convince the court that your rights have been violated by the officer. In that case, the officer will explain why he or she has to do such an act and the reasons behind this step. If your rights were violated back then, then the lawyer can easily dismiss your case. This is called a motion to suppress the evidence. 

There is another type of motion hearing which is known as motion to suppress statements. This refers to a ‘formal request’ made to the court from the lawyer to include a particular statement or declaration in the case record. This is done to address or clarify a particular point pertaining to the facts or legal arguments in the case.

Trial

The last step of the court process is trial which is short and takes one to two days. There are several types of trials; for example,

• The Bench Trial – In this trial, the judges decide whether you are guilty or not guilty.
• The Jury Trial – In this process, the jury consists of people from the community who determine your situation and the judge presides over legal issues.

The kind of trial that should be best for you must depend upon the facts of your case and the evidence against you.

Sentencing

The first offense of operating under the influence of convictions carries significant legal consequences. Upon either a trial conviction or acceptance of a plea agreement, the court determines the sentence. If you’re found guilty of a first OUI in Massachusetts, you’re looking at some pretty steep consequences. 

You could end up spending up to two and a half years behind bars, and the fines aren’t cheap either – we’re talking up to $5,000, not counting all the extra fees the court will tack on. Plus, you can kiss your driver’s license goodbye for up to a year. The state isn’t messing around when it comes to drunk driving – they hit hard to make sure people think twice before getting behind the wheel after drinking.

However, if you want to hire a professional OUI lawyer in Attleboro MA for legal assistance and guidance, get in touch with us at Singh Law 4 U.