Stay Silent and Know Your Rights
One of the most critical steps to take after being arrested is to avoid saying anything to the police. Here’s why:
You Are Not Required to Speak
You are under no obligation to give a statement to the police. While you might feel compelled to explain yourself, doing so can hurt your case. Anything you say can and will be used against you in court.
Exercise Your Right to Remain Silent
You have a constitutional right to remain silent. The police are required to inform you of your rights (via a Miranda warning), including your right to an attorney. Take advantage of this right.
The police must identify themselves and tell you why you have been arrested or why you are being held. You only need to identify yourself if you are driving a car, arrested or getting a ticket.
Wait to Speak to Your Lawyer
Before answering any questions, contact a lawyer. Your attorney will help protect your rights and guide you on how to proceed. Do not answer any police questions without legal representation.
Understand What Happens During and After Your Arrest
Once you’ve been pulled over and arrested for a OUI, you’ll go through several legal steps. Here’s what you can expect:
The Arrest
The police will pull you over if they suspect you are driving under the influence. During the stop, they may:
Administer a field sobriety test, breathalyzer, or blood test.
Arrest you if they determine you are impaired.
Following the arrest, you will likely be booked, fingerprinted, and spend a night in jail. It’s a stressful experience, but staying calm and collected is essential.
Next Steps in the Legal Process
Arraignment
Your arraignment is the first court appearance after your OUI arrest, usually held a few days later. At the arraignment:
The charges against you will be read.
A plea of “Not Guilty” will be entered on your behalf.
You may receive a copy of the police report related to your case.
Tip: Have an attorney with you during the arraignment. They can help you understand the charges and explore your defense options.
Pre-Trial Conference
This occurs about 4-6 weeks after your arraignment. Your attorney will:
Obtain all evidence from the prosecutor, including police reports, test results, and witness statements.
File motions to suppress evidence if your rights were violated.
During this time, the prosecutor may offer a plea deal. Your lawyer will advise you on whether to accept or reject it.
Motion Hearing
At the motion hearing, the arresting officer will testify about why they stopped and arrested you. Your attorney will evaluate:
Whether the stop was lawful.
Whether your rights were violated during the arrest or sobriety tests.
If your attorney demonstrates that your arrest was unlawful, the case may be dismissed. This stage is critical for strengthening your defense.
Trial
If your case goes to trial, you can choose between:
A jury trial, where a group of your peers decides your fate.
A bench trial, where the judge alone determines the outcome.
Your attorney will advise you on the best option.
Sentencing
If you are found guilty, sentencing typically occurs immediately after the trial. Your attorney will:
Help you understand your penalties.
Assist you in applying for a hardship license, which may allow limited driving privileges.
If you are acquitted, your lawyer will guide you on restoring your driving privileges fully.
Why Hiring an OUI Attorney Is Crucial
From the moment of your arrest, having a skilled OUI attorney is essential. A lawyer will:
Protect your rights during questioning and legal proceedings.
Work to suppress evidence that was unlawfully obtained.
Negotiate with the prosecutor on your behalf.
Build the strongest defense for your case.
Contact our OUI attorney team at (617) 880-6155 to learn more about getting experienced Boston OUI defense. Our team speaks all major languages such as Spanish, Portuguese, French and Mandarin.
