How an OUI case moves through the Boston courts

Two cases, one arrest

An OUI arrest in Massachusetts opens two separate matters. The criminal case is prosecuted by the district attorney in court. The license case is handled by the Registry of Motor Vehicles, under its own rules and deadlines. This page is about the criminal case. The refusal hearing guide and the breath test suspension guide cover the license side.

Which court

Inside Boston and Winthrop, the case goes to the Boston Municipal Court (BMC). Mass.gov says the BMC serves the City of Boston and the Town of Winthrop, with 30 judges in 8 divisions:

• Central (Edward W. Brooke Courthouse, 24 New Chardon Street): downtown, Chinatown, North End, South End through Massachusetts Avenue, West End, and Beacon Hill
• Brighton: Allston and Brighton
• Charlestown
• Dorchester
• East Boston: East Boston, Winthrop, Logan Airport, and the Sumner and Callahan tunnels
• Roxbury
• South Boston
• West Roxbury (445 Arborway, Jamaica Plain): Hyde Park, Jamaica Plain, Roslindale, West Roxbury, and parts of Mattapan and Mission Hill

Elsewhere, the case goes to the district court for the place of arrest: for example Chelsea (Chelsea and Revere), Cambridge (Cambridge, Arlington, and Belmont), Quincy, Dedham, Brookline, Woburn, Lynn, Salem, Brockton, or Plymouth. The courts and RMV page has every address and phone number.

Bail

After booking, a bail commissioner or court clerk may set bail at the station, or the question waits for a judge at arraignment. Bail decides whether you are released while the case is pending and on what conditions; it is not a fine.

Arraignment

Arraignment is usually the next business day after the arrest. At arraignment:

• you are formally told the charges,
• the court decides on bail or release conditions,
• you are asked whether you can afford a lawyer, and
• if you took a breath or blood test that read 0.08 or more and police did not already take your license, the judge can suspend it for up to 30 days under § 24N.

You do not plead guilty at arraignment. A not guilty plea is entered and the case is scheduled.

Pretrial

The next stage is the pretrial conference. The defense receives the police reports, booking video, and breath test records through discovery, and may file motions, for example to suppress evidence from an unlawful stop. Many cases are resolved at this stage, often by a 24D disposition for a first offense.

Trial

If the case is not resolved, it goes to trial. You can choose a jury of six or a trial before a judge. The Commonwealth must prove every element beyond a reasonable doubt.

Sentencing and after

If you are found guilty or admit to sufficient facts, the judge imposes a sentence within the limits of section 24, and the court notifies the RMV, which applies the license suspension. The penalties guide lists the ranges.

Practical points

• Bring every piece of paper you were given at the station.
• Arrive early; courthouses have security lines.
• Keep your address current with the court and probation.
• If you need an interpreter, tell the clerk's office in advance.

Court procedures can change. Confirm dates and requirements with the clerk's office or a licensed Massachusetts attorney.