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Concord OUI Lawyer for the Concord District Court

A driver arrested for drunk driving in Concord, Acton, Bedford, Carlisle, Lexington, Lincoln, Maynard, or Stow faces a criminal OUI case in the Concord District Court, at 305 Walden Street in Concord. The courthouse sits just off Route 2 near the center of Concord. The Middlesex County District Attorney’s Office prosecutes the case. The driver also faces a Registry of Motor Vehicles license suspension that can begin before the first court date.

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. In Attorney Serpa’s experience, the State Police and the local police make many of the court’s OUI stops on Route 2 and Route 2A. In Attorney Serpa’s experience, many Concord defendants are professionals and homeowners with no prior record.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Concord District Court at clerk-magistrate hearings, at arraignment, at motion hearings, and at trial. Attorney Serpa has appeared before the Concord clerk-magistrates on OUI applications. 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 Concord

The arresting officer takes the driver to the local police station or the State Police 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 Concord District Court, usually on the next business day. The clerk’s office and the probation department both answer at (978) 369-0500. At arraignment, the judge releases the driver on personal recognizance or sets bail and conditions of release. An arraignment creates a public criminal case and a CORI entry.

The Clerk-Magistrate Hearing When the Police Do Not Arrest the Driver

When the police do not arrest the driver, the police can apply for a criminal complaint charging OUI. The driver then receives a notice of a clerk-magistrate hearing, and the hearing takes place before any complaint issues. The hearing is ordinarily private. The police officer presents the application and the police report, and the driver or the driver’s lawyer may respond with documents and witnesses.

The clerk-magistrate decides whether the application shows probable cause. A clerk-magistrate may also decline to issue a complaint even when the application shows probable cause, as long as the district attorney’s office has not told the clerk-magistrate that it intends to prosecute. Victory Distributors, Inc. v. Ayer Division of the District Court Department, 435 Mass. 136, 142 to 143 (2001). When the clerk-magistrate denies the application, no complaint issues, no arraignment takes place, and no CORI entry results from that application.

Route 2, Route 2A, and Interstate 95 in Lexington

Route 2 crosses Concord, Acton, and Lincoln, and Route 2A runs through Concord, Lincoln, and Lexington. Interstate 95 (Route 128) passes through Lexington. Acton, Maynard, and Stow sit to the west along Route 27, Route 62, and Route 117. A driver stopped on any of these roads in the eight towns faces the OUI charge in the Concord District Court.

Attorney Serpa examines the reason for the stop, the basis for any exit order, and the way the officer gave each field sobriety test. When the judge rules that the officer had no lawful reason to stop the car, the judge can exclude the evidence that the officer gathered after the stop. 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).

The Commonwealth must establish the foundation of the breath test final analysis from the Alcotest 9510, including the fifteen-minute observation period and the device’s certification records, before the judge admits the result. The firm’s page on breathalyzer defense explains the challenges to the breath test.

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 180-day refusal suspension before any judge or jury decides the OUI charge. 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. The firm’s page on OUI license suspensions explains each license suspension, and the firm’s page on breathalyzer tests and license suspensions explains the hearing deadlines.

The § 24D Disposition and a First-Offense Conviction

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. A first offender, or a driver whose only prior OUI is 10 years or more old, may resolve the case under § 24D.

The judge places the 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 for a driver who was under 21 at the time of the offense.

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. The Registry revokes the convicted driver’s license for one year. The driver may apply to the Registry for a hardship license for work or school after three months. The firm’s page on the first offense OUI explains the choice between a trial and § 24D.

Physicians, Lawyers, Engineers, and Financial Professionals

In Attorney Serpa’s experience, many Concord defendants are physicians, lawyers, engineers, financial professionals, and tradespeople who work along Route 128 or in Boston. For many professionals charged with OUI in Concord, the loss of the license and the court record cause more harm than the criminal penalty. A physician, a lawyer, or a securities professional may have to report a conviction or a continuance without a finding to the Board of Registration in Medicine, the Board of Bar Overseers, or FINRA, depending on each body’s rules.

When an OUI case begins with an application for a complaint, Attorney Serpa works to end a licensed professional’s case at the clerk-magistrate hearing, before any arraignment. Attorney Serpa reviews the licensing board’s reporting rule with the client before the first court date. The firm’s page on criminal charges and professional licenses explains the reporting rules by license.

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

Getting to the Concord District Court

The Concord District Court is at 305 Walden Street, Concord, MA 01742, just off Route 2 near the center of Concord. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The courthouse has free parking. A driver whose license is suspended may not drive to court. The Concord stop on the MBTA Fitchburg commuter rail line is about 1.2 miles 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 Concord District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which towns’ OUI cases go to the Concord District Court?

The Concord District Court hears OUI cases from Concord, Acton, Bedford, Carlisle, Lexington, Lincoln, Maynard, and Stow. The Framingham District Court hears cases from Sudbury, and the Woburn District Court hears cases from Burlington. The Middlesex County District Attorney’s Office prosecutes the cases in all three courts.

Can a Concord OUI case end at a clerk-magistrate hearing?

When the police do not arrest the driver, the police apply for a criminal complaint, and a clerk-magistrate holds a private hearing before any complaint issues. A clerk-magistrate who denies the application ends that application before any arraignment, and no CORI entry results from it. A driver arrested for OUI goes to arraignment before a judge without a clerk-magistrate hearing.

Where do most Concord OUI arrests take place?

In Attorney Serpa’s experience, the State Police and the local police make many of the court’s OUI stops on Route 2 and Route 2A. Route 2 crosses Concord, Acton, and Lincoln, and Route 2A runs through Concord, Lincoln, and Lexington. Interstate 95 (Route 128) passes through Lexington.

Does a physician or a lawyer charged with OUI in Concord have to report the case?

The reporting duty depends on the licensing board’s own rules and on how the case ends. A physician answers to the Board of Registration in Medicine, a lawyer to the Board of Bar Overseers, and a securities professional to FINRA. Attorney Serpa reviews the reporting rule with the client before the first court date, because the outcome of the first court date often changes what the client must report.

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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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