What Happens After You Get an OUI in Massachusetts?
Being arrested for Operating Under the Influence (OUI) in Massachusetts can begin two related but separate processes: a criminal court case and, in many situations, an RMV driver's-license process.
Exactly what happens depends on factors such as whether this is a first or subsequent offense, whether a chemical test was taken or refused, the test result, and the circumstances surrounding the arrest. However, most Massachusetts OUI cases follow a general sequence.
1. The OUI Arrest
Following an OUI arrest, you may be asked to submit to a chemical test to determine your blood alcohol concentration (BAC).
For drivers age 21 or older, a breath-test result of 0.08% or higher generally results in an immediate 30-day RMV suspension. Refusing a chemical test can result in a separate administrative license suspension.
These RMV consequences are separate from the criminal OUI case itself.
2. Arraignment
The arraignment is generally the first formal court appearance.
At arraignment, the OUI charge is formally presented and a plea is entered. If the case is not resolved at this stage, the court generally schedules the case for further proceedings, including a pretrial conference.
A person facing an OUI charge may be represented by an attorney. Individuals who qualify financially may also be eligible for court-appointed counsel.
3. Pretrial Proceedings
After arraignment, the case typically moves into the pretrial phase.
During this period, the defense and prosecution review evidence related to the case. Depending on the circumstances, this might include police reports, body-camera or cruiser video, field sobriety testing, breath or blood testing, witness information, and other evidence.
The case may ultimately be resolved through a negotiated disposition, dismissal, or other resolution, or it may proceed toward trial.
4. Substance Use Evaluation or Treatment
A substance use evaluation may become relevant during an OUI case. An attorney or other party may request an independent evaluation to better understand an individual's alcohol or drug use, whether a substance use disorder is present, and whether treatment or education is clinically appropriate.
A comprehensive substance use assessment may examine:
Alcohol and drug use history
Circumstances surrounding the OUI
Previous substance-related incidents
Mental health and psychosocial history
Previous treatment or recovery
Standardized substance use assessment measures
Risk and protective factors
Appropriate treatment recommendations, when indicated
An independent substance use evaluation is different from completing a state-approved impaired-driving education or treatment program when one is specifically required by the court.
5. First-Offender Dispositions and the Massachusetts Impaired Driving Program
Certain individuals may qualify for an alternative first-offender disposition under Massachusetts General Laws Chapter 90, Section 24D.
Under a 24D disposition, an eligible individual may be placed on probation and required to complete a Massachusetts Department of Public Health-approved impaired-driving program. Treatment may also be required when deemed necessary.
Eligibility and the appropriate disposition depend upon the circumstances and prior history of the individual case.
6. License Suspension and the RMV
The driver's-license consequences of an OUI can occur independently from the criminal proceedings.
The RMV may impose suspensions associated with a failed chemical test, chemical-test refusal, OUI conviction or court disposition. Multiple applicable suspensions may sometimes run consecutively rather than simultaneously.
This is why the status of the criminal case and the status of your Massachusetts driver's license are not always the same.
7. Hardship License or License Reinstatement
Depending on the type of suspension and eligibility requirements, an individual may eventually seek a hardship license or full license reinstatement through the Massachusetts RMV.
The RMV may require specific documentation before granting driving privileges. Depending upon the case, this can include evidence of completion of required education or treatment programs and other supporting documentation.
Certain cases involving concerns about alcohol or drug use may also involve requests for clinical documentation addressing substance use and risk of recurrence.
8. Ignition Interlock Requirements
Some individuals seeking driving privileges following an OUI are required to install an Ignition Interlock Device (IID).
An IID requires the driver to provide a breath sample before operating the vehicle and at specified times while driving. Massachusetts IID requirements depend upon the individual's OUI history, disposition, and type of driving privileges being sought.
The Court and RMV Processes Are Different
One of the most confusing aspects of a Massachusetts OUI is that resolving the criminal case does not necessarily resolve the driver's-license issue.
The court determines what happens with the criminal OUI charge. The Massachusetts RMV administers driver's-license suspensions and determines whether applicable reinstatement or hardship-license requirements have been satisfied.
As a result, someone may need to address both processes separately.
Massachusetts OUI Substance Use Evaluations
I provide virtual substance use evaluations throughout Massachusetts for individuals involved in OUI/DUI and other legal matters.
Evaluations include a comprehensive clinical interview, validated assessment measures, review of relevant records when appropriate, and an objective written report with clinical findings and individualized recommendations.
I also provide Massachusetts RMV substance use evaluations and Risk of Recidivism Assessments when this type of clinical documentation has been requested in connection with an RMV matter.
Learn More About Massachusetts OUI/DUI Substance Use Evaluations →