Arrested for OUI in Boston? Here is what happens next.

You are booked by the arresting agency, usually Boston Police or the Massachusetts State Police, and bail is set by a bail commissioner or clerk, or later by a judge. Your criminal case goes to the Boston Municipal Court division that covers the place of arrest, usually for arraignment the next court day. Outside Boston and Winthrop it goes to the local district court.

At the same time, the Registry of Motor Vehicles starts a separate license case. If you refused the breath test, the 15-day clock for the RMV refusal hearing is already running.

Probably, at least for a while. According to the RMV, a breath test refusal brings an immediate suspension of 180 days for a driver 21 or older with no prior OUI, and longer with priors. A breath test of 0.08 or more brings an immediate 30-day suspension. A first OUI conviction carries a one-year suspension, and a 24D disposition carries 45 to 90 days. Suspensions from the same incident run one after another. These periods can change; confirm with the RMV.

Your license was taken on the spot, and there is no temporary license. You are entitled to an RMV hearing if you appear within 15 days of the refusal at the Boston (Haymarket) RMV Service Center, 136 Blackstone Street. Mass.gov says these hearings are walk-in, 9 a.m. to 3 p.m., and cannot be booked online. The hearing can only decide whether the officer had reasonable grounds, whether you were arrested, and whether you refused. Read the full guide.

Under M.G.L. c. 90, § 24, a first offense carries a fine of $500 to $5,000, up to two and a half years in a house of correction, or both, plus a $250 assessment and a separate $50 assessment. The RMV suspends the license for one year after a conviction. Many first offenses are resolved instead through the 24D program: probation, an alcohol education program, and a 45 to 90 day suspension. See the penalties guide for second and later offenses. Penalties can change.

Inside Boston and Winthrop, the Boston Municipal Court, which has eight divisions: Brighton, Central, Charlestown, Dorchester, East Boston, Roxbury, South Boston, and West Roxbury. Outside the city, the district court for the town where you were arrested, such as Chelsea, Cambridge (which sits in Medford), Quincy, or Dedham. The court is printed on your paperwork, and the courts page lists every address and phone number.

Section 24D of chapter 90 is the first offender program. A person who agrees can be placed on probation for up to two years, attend a driver alcohol education program, and lose their license for 45 to 90 days (210 days if under 21) instead of a year. You can apply to the RMV for a hardship license as soon as you enter the program. A 24D counts as a prior offense if you are charged again. More on 24D.

Under Melanie's Law, the RMV requires an ignition interlock for drivers with two or more OUI convictions or alcohol program assignments, including a prior 24D, before it will reinstate a license. The RMV's table does not require one for a first offense. Someone who needs a device and gets a hardship license must keep it for the hardship period plus two years after full reinstatement. Read the interlock guide.

Sometimes. A person in the 24D program can apply right away, and a first offender convicted without 24D can apply after three months. A hardship license covers the same 12 hours every day. During a breath test refusal suspension, the law does not allow any hardship license. More on hardship licenses.

OUI is a criminal charge, and the license case has short deadlines, so most people talk to a lawyer before arraignment or the refusal hearing. You can check any Massachusetts lawyer's license with the Board of Bar Overseers. If you cannot afford one, ask the court about appointed counsel through the Committee for Public Counsel Services. The directory lists Greater Boston OUI defense firms; it is attorney advertising, not a recommendation. Our guide to choosing a lawyer lists questions to ask.

Yes. Most states call it DUI or DWI. Massachusetts law calls the offense operating under the influence, or OUI, under M.G.L. c. 90, § 24. It covers alcohol (0.08 or more, or impairment) and also marijuana, narcotics, depressants, and stimulants. An OUI from another state counts as a prior offense in Massachusetts, and the RMV counts out-of-state convictions when it calculates suspensions.

Yes. The legislature amends chapter 90 from time to time, and the RMV updates its procedures. This site summarizes Massachusetts law and Commonwealth guidance as of October 2026, with links to the statute and the RMV's suspension tables. Before relying on any number here, confirm it with the court, the RMV, or a licensed Massachusetts attorney.