In Massachusetts, driving under the influence (DUI) is also known as operating under the influence (OUI). This serious crime arises when someone operates a vehicle while they are under the influence of drugs, alcohol or both.
If you have been arrested for DUI in the state, it is crucial for you to act with urgency and learn how you can protect your rights and your driving privileges.
Step 1: Be calm and cooperative
After your DUI arrest, you must keep your composure and remain cooperative. Avoid arguing with the police officers or resisting arrest, as these actions may lead to increased penalties.
Under Massachusetts’ implied consent law, any driver who is arrested for DUI automatically consents to a breathalyzer test. Refusing to do the test can cause them their driver’s license privileges.
Step 2: Practice your right to remain silent
Aside from providing the officers with your contact information, you must avoid discussing any detailed statement about the incident and practice your right to remain silent. Keep in mind that doing this without consulting with a lawyer first may lead to your self-incrimination.
Step 3: Post bail
After you arrive at the police station, the officer-in-charge will take your personal details, fingerprints and mugshot. The station’s bail magistrate will also set a bail, which you can pay on your own or through a bail bond service.
If you do not post bail, you will stay in police custody until they bring you to court for your arraignment.
Step 4: Safeguard your license
If you receive a notice of revocation for your driver’s license from the Registrar of Motor Vehicles (RMV), you will have an opportunity to challenge their decision by filing an appeal with the Board of Appeal.
Wait for the official notice of your virtual hearing date and make sure to attend it on time. If you hire a DUI lawyer for your case, they can attend the hearing with you and advocate for your rights and your driving privileges.
Step 5: Prepare your DUI defense
While you are waiting for your DUI hearing, you must prepare for your case by building a strong defense with your lawyer. With their legal knowledge and skills, they can help collect police reports, challenge the accuracy of the tests and negotiate for reduced charges.
By acting with urgency and managing your DUI case with trusted legal counsel, you can figure out how you can best protect your rights and your freedom.