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Chelsea OUI Lawyer for the Chelsea District Court

A driver arrested for drunk driving in Chelsea or Revere faces a criminal OUI case in the Chelsea District Court, at 120 Broadway in Chelsea. The Suffolk County District Attorney’s Office, which also prosecutes the cases in the Boston Municipal Court, prosecutes the case. The driver also faces a Registry of Motor Vehicles license suspension that can begin on the night of the arrest.

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. Route 1 crosses Chelsea and Revere from the Tobin Bridge north, and Route 16 and Route 1A run through Revere. In Attorney Serpa’s experience, many Chelsea OUI cases begin with a stop on Route 1, Route 16, or Revere Beach Boulevard.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Chelsea District Court at clerk-magistrate hearings, 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 Chelsea or Revere

The Chelsea or Revere police or the State Police take the driver to the police station or the barracks for booking. An officer asks the driver to take a breath test on the Draeger Alcotest 9510. The police must tell the driver about the right under G.L. c. 263, § 5A to be examined 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 Chelsea District Court, usually on the next business day. The clerk’s office answers at (617) 660-9200, and the probation department answers at (617) 660-9300. At arraignment, the judge releases the driver on personal recognizance or sets bail and conditions of release. When the police do not arrest the driver, the police can apply for a criminal complaint, and a clerk-magistrate hearing takes place before any complaint issues.

Route 1, Route 16, and Revere Beach Boulevard

Revere Beach draws large crowds in the summer. In Attorney Serpa’s experience, many Revere cases arise from nightlife and traffic along Revere Beach Boulevard. A driver stopped on Revere Beach Boulevard after a summer night faces the same OUI charge as a driver stopped on Route 1.

Many negligent operation charges under G.L. c. 90, § 24(2)(a) from Route 1 and Route 16 rest on an officer’s conclusion rather than on facts the officer observed. Counsel separates the officer’s conclusion from the facts the officer actually observed, in a negligent operation charge and in an OUI charge alike.

Counsel examines the stop, the exit order, the field sobriety tests, and the foundation of the breath test final analysis from the Alcotest 9510. The Commonwealth must present expert testimony before the jury hears about the horizontal gaze nystagmus test. Commonwealth v. Sands, 424 Mass. 184 (1997). The officer may not give the jury an opinion that the driver was under the influence. Commonwealth v. Canty, 466 Mass. 535 (2013).

Witnesses at a Chelsea OUI Trial

In Attorney Serpa’s experience, a Chelsea judge ordinarily dismisses a case when the Commonwealth’s witnesses do not appear for trial. In an OUI case, the Commonwealth’s witnesses usually include the arresting officer. The defense must still be ready to try the case on the trial date, because the Commonwealth may have its witnesses present.

The Refusal, the License, and Drivers Who Need a License to Work

Many Chelsea defendants work as drivers for the shipping, produce, and delivery businesses near Logan Airport and the Chelsea waterfront, and those jobs depend on a valid driver’s license. A driver age 21 or older with no prior OUI offense who refuses the breath test loses the license for 180 days. A driver under 21, or a driver with one prior offense, loses the license for three years after a refusal. G.L. c. 90, § 24(1)(f)(1). The Commonwealth may not use 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. A driver who holds a commercial driver’s license faces separate disqualification rules, and those rules make a § 24D disposition far more costly for a commercial driver than for other drivers. The firm’s page on Massachusetts OUI license suspensions explains each license suspension.

The § 24D Disposition and the Penalties

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. For a first offender who resolves the case under § 24D, the judge imposes 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 of a driver in the § 24D program for 45 to 90 days, or for 210 days for a driver who was under 21 at the time of the offense. The driver can apply for a hardship license as soon as the driver enrolls in the program. A driver convicted of a first OUI offense faces up to two and one-half years in the house of correction, a fine of $500 to $5,000, or both, and the Registry revokes the convicted driver’s license for one year.

Immigrant Communities in Chelsea and Revere

Chelsea and Revere have large immigrant communities. When the police apply for a complaint instead of arresting the driver, a denial at the clerk-magistrate hearing can help a noncitizen most of all, because no criminal complaint and no arraignment exist for an immigration officer to review.

A conviction or a § 24D continuance without a finding can create immigration risk for a noncitizen whose case goes to arraignment. A noncitizen charged with OUI in Chelsea should have an immigration lawyer review the charge and any proposed resolution before the judge accepts a plea. The firm’s page on OUI and immigration explains the immigration rules for an OUI.

The Commonwealth may also charge unlicensed operation under G.L. c. 90, § 10 when the driver holds no valid license. A driver who holds a valid license from another state or country should read the firm’s page on international students, visitors, and Massachusetts driver’s licenses.

Getting to the Chelsea District Court

The Chelsea District Court is at 120 Broadway, Chelsea, MA 02150. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. Long-term metered parking is on Arlington Street Extension, where street cleaning restrictions apply. A driver whose license is suspended may not drive to court. MBTA buses 111, 112, 114, 116, and 117 stop nearby. The Chelsea station on the MBTA Newburyport and Rockport commuter rail line is a little over a mile from 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 Chelsea District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which court hears an OUI arrest in Revere?

The Chelsea District Court at 120 Broadway in Chelsea hears criminal cases from Chelsea and Revere. An OUI case from Revere Beach, Route 1, or Route 16 in Revere comes before the Chelsea District Court. The Boston Municipal Court, East Boston Division, hears cases from East Boston, Winthrop, and Logan Airport. The Suffolk County District Attorney’s Office prosecutes the cases.

What happens if the officer does not appear for a Chelsea OUI trial?

Where do most Chelsea OUI stops take place?

In Attorney Serpa’s experience, many Chelsea OUI cases begin with a stop on Route 1, Route 16, or Revere Beach Boulevard. Route 1 crosses Chelsea and Revere from the Tobin Bridge north. Revere Beach draws large crowds in the summer, and many Revere cases arise from nightlife and traffic along Revere Beach Boulevard.

Can a delivery driver keep driving for work after a Chelsea OUI?

A driver who receives a § 24D disposition can apply to the Registry for a hardship license as soon as the driver enrolls in the driver alcohol education program. A hardship license allows driving during the same 12 hours every day for work, school, or medical treatment. The Registry may deny the application. A commercial driver’s license is subject to separate disqualification rules.

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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