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Cambridge OUI Lawyer for the Cambridge District Court

A driver arrested for drunk driving in Cambridge, Arlington, or Belmont faces a criminal OUI case in the Cambridge District Court. The Cambridge District Court is not in Cambridge. The courthouse is at 4040 Mystic Valley Parkway in Medford, in the same building as the Malden District Court. The driver also faces a Registry of Motor Vehicles license suspension that can begin at the police station, before any judge hears the case. The Middlesex County District Attorney’s Office prosecutes the case.

Massachusetts law calls drunk driving operating under the influence, or OUI, under G.L. c. 90, § 24(1)(a)(1). Most people call the offense DUI or DWI. The Cambridge, Arlington, and Belmont police and the Massachusetts State Police all make OUI arrests in the court’s territory. Many Cambridge OUI arrests take place around Harvard Square, Central Square, Inman Square, and Massachusetts Avenue.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Cambridge District Court at arraignment, at motion hearings, and at trial. The firm’s page on Boston OUI and DUI defense explains what the Commonwealth must prove in every OUI case.

What Happens After an OUI Arrest in Cambridge

The police take the driver to the station for booking. An officer asks the driver to take a breath test on the Draeger Alcotest 9510. The police must also tell the driver about the right under G.L. c. 263, § 5A to an examination by a physician of the driver’s choice, at the driver’s expense. A bail commissioner can then release the driver on bail or on personal recognizance.

The driver appears for arraignment in the Cambridge District Court in Medford, usually on the next business day. A family member can call the clerk’s office at (781) 306-2715 to find the arraignment date. At arraignment, the judge releases the driver on personal recognizance or sets bail and conditions of release. The case then moves to a pretrial conference, discovery, and any motion to suppress.

Officers of the Harvard University and MIT police departments are appointed special state police officers under G.L. c. 22C, § 63. Harvard and MIT police officers have the arrest powers of municipal police officers on property their institutions own, use, or occupy. A driver stopped by a Harvard or MIT officer on university property in Cambridge faces the same OUI charge and the same Cambridge District Court case as a driver stopped by the Cambridge police.

Drivers Under 21 and University Students

The Registry of Motor Vehicles suspends the license of a driver under 21 whose blood alcohol is .02 or greater after an OUI arrest. The suspension lasts 180 days, or one year for a driver under 18, in addition to any court penalty. G.L. c. 90, § 24P. A driver between 18 and 21 with no prior OUI charge who enters a Department of Public Health program for underage drinking drivers avoids the 180-day suspension. A driver under 21 who refuses the breath test loses the license for three years. G.L. c. 90, § 24(1)(f)(1).

A Harvard, MIT, or Lesley student charged with OUI may also face a university conduct proceeding while the criminal case is pending. The firm’s page on college and university student defense explains the court case, the school proceeding, and the deadlines that apply to each proceeding. An international student should read the firm’s page on international students and Massachusetts driver’s licenses before driving on a foreign license.

The License Suspension and the Breath Test Refusal

A driver age 21 or older with no prior OUI offense who refuses the breath test loses the license for 180 days. The Registry imposes the refusal suspension before any court date. The Commonwealth may not offer the refusal as evidence at trial. G.L. c. 90, § 24(1)(e). A driver whose breath test final analysis is .08 or greater loses the license until the court resolves the case, but no more than 30 days. The firm’s page on breathalyzer tests and license suspensions explains the hearing deadlines for each suspension.

OUI Penalties and the § 24D Disposition in Cambridge

A judge can sentence a driver convicted of a first OUI offense to up to two and one-half years in the house of correction, a fine of $500 to $5,000, or both. The Registry also revokes the license for one year. A judge may not place an OUI case on file or continue the case without a finding, except through a disposition under G.L. c. 90, § 24D.

Under § 24D, a judge places an eligible driver on probation for up to two years, usually with a continuance without a finding, and orders the driver to complete the driver alcohol education program. The Registry suspends the license for 45 to 90 days, or for 210 days when the driver was under 21 at the time of the offense. The driver can apply for a hardship license on enrolling in the program. A driver whose only prior OUI offense is 10 years or more old can receive a § 24D disposition once in a lifetime.

How Attorney Serpa Defends a Cambridge OUI Case

Counsel examines the stop, the exit order, the field sobriety tests, and the calibration records of the Draeger Alcotest 9510. A judge who finds that the officer had no lawful reason for the stop can suppress the officer’s observations and the breath test final analysis.

The horizontal gaze nystagmus test requires expert testimony before a jury may hear about the test. Commonwealth v. Sands, 424 Mass. 184 (1997). The officer may describe the walk and turn and the one leg stand, but the officer may not give an opinion that the driver was under the influence. Commonwealth v. Canty, 466 Mass. 535 (2013).

The Commonwealth must establish the foundation of the breath test final analysis, including the operator’s certification and the device’s certification records, before the judge admits the result. The firm’s page on field sobriety test defense explains how the defense challenges each roadside test.

Professionals, Researchers, and Visa Holders

The court’s territory includes the Kendall Square biotechnology corridor. A physician, a researcher, or another licensed professional may have to report an OUI charge or a § 24D disposition to a licensing board, depending on the board’s rules. A physician licensed by the Board of Registration in Medicine should read the firm’s page on criminal charges and professional licenses before the arraignment.

A researcher or a student on an F-1, J-1, or H-1B visa should ask an immigration lawyer to review the OUI charge and the court record before accepting a plea or a § 24D disposition. A conviction or a § 24D continuance without a finding usually creates the immigration risk, and questions about the arrest at a visa interview can create problems of their own. The firm’s page on OUI and immigration explains the immigration rules for an OUI.

Getting to the Cambridge District Court

The Cambridge District Court is at 4040 Mystic Valley Parkway, Medford, MA 02155. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office number is (781) 306-2715, and the probation department number is (781) 306-2750. Parking at the courthouse is free. A driver whose license is suspended may not drive to court. The Wellington stop on the MBTA Orange Line is the closest subway stop, and MBTA buses 90, 97, 99, 100, 106, 108, 110, 112, and 134 stop near the courthouse.

Serpa Law Office has offices in Boston, at 20 Park Plaza, Suite 400A, and in Quincy, at 500 Victory Road, Suite 400A. A person charged with OUI in the Cambridge District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Where is the Cambridge District Court for an OUI case?

The Cambridge District Court is at 4040 Mystic Valley Parkway in Medford, in the same building as the Malden District Court. The court hears OUI cases from Cambridge, Arlington, and Belmont. The Wellington stop on the MBTA Orange Line is the closest subway stop.

What happens to a driver under 21 after an OUI arrest in Cambridge?

The Registry suspends the license of a driver under 21 whose blood alcohol is .02 or greater for 180 days, or for one year for a driver under 18, under G.L. c. 90, § 24P. A driver under 21 who refuses the breath test loses the license for three years. The criminal OUI case proceeds separately in the Cambridge District Court.

Can Harvard or MIT police arrest a driver for OUI?

Harvard University and MIT police officers are special state police officers under G.L. c. 22C, § 63, with the arrest powers of municipal police officers on property their institutions own, use, or occupy. A driver arrested by a Harvard or MIT officer in Cambridge faces an OUI case in the Cambridge District Court.

Can a first-offense OUI in Cambridge be resolved without a trial?

A judge can place an eligible first offender on probation for up to two years under G.L. c. 90, § 24D, usually with a continuance without a finding, and order the driver to complete the driver alcohol education program. The Registry suspends the license for 45 to 90 days, and the driver can apply for a hardship license on enrolling in the program.

Related Serpa Law Office Resources

Client Reviews

He's one of the best people I've met. I'm really appreciative of all the help I received. If you have a serious case, he'll work hard to make sure you have the best outcome. I highly recommend him. You will not be disappointed.

A.J

Mr. Serpa was very helpful with my family member ‘s case. He was able to get it dismissed quickly and easily. He is very professional and very good at what he does. I’m so glad he hired him. You will be glad too if you hire him.

Z.M.

Serpa law office was my attorney of choice for 2 seperate cases I had last year. With both situations, Joseph not only treated me great, delivered the results I was hoping for, and was extremely professional and genuine. I would definitely recommend this law office to anyone in need of legal help.

P.C.

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