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Dedham OUI Lawyer for the Dedham District Court

A driver arrested for drunk driving in Dedham, Dover, Medfield, Needham, Norwood, Wellesley, or Westwood faces a criminal OUI case in the Dedham District Court, at 631 High Street in Dedham. State Police troopers and local police make many of those arrests after stops on Route 1, Route 109, and Interstate 95. The driver also faces a Registry of Motor Vehicles license suspension that can begin on the night of the arrest. The Norfolk County District Attorney’s Office prosecutes every criminal case in the Dedham District Court.

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. The complaint often includes negligent operation, operating to endanger, or a charge of operating after a license suspension.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Dedham District Court at arraignment, at the clerk-magistrate hearing, 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 Dedham

The officer takes the driver to the 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 Dedham District Court, usually on the next business day. The clerk’s office answers at (781) 329-4777. 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 case can begin with a clerk-magistrate hearing instead. Many applications that the Dedham clerk-magistrates hear involve motor vehicle offenses on Route 1, Route 109, and Interstate 95.

Late-Night Stops on Interstate 95, Route 1, and Route 109

Interstate 95 runs along the western edge of the court’s towns. Late-night stops of commuters heading home from Boston produce many OUI charges, negligent operation charges, and license suspensions in the Dedham District Court. Route 109 runs through Dedham, Westwood, and Medfield. Route 1 runs through Norwood past the Automile, a long strip of car dealerships.

Many motor vehicle cases in Dedham depend on a motion to suppress. The first question in nearly every case is whether the officer had a lawful reason to stop the car. The judge can suppress the evidence the officer obtained after the stop when the officer cannot state a valid reason for the stop. The suppressed evidence includes the field sobriety test results, the breath test final analysis, and the driver’s statements. The Commonwealth usually cannot proceed after the judge suppresses that evidence, and the case then ends without a conviction and without a plea.

The defense also examines the exit order and each field sobriety test. The Commonwealth must present expert testimony before the jury hears about the horizontal gaze nystagmus test. Commonwealth v. Sands, 424 Mass. 184 (1997). The Commonwealth must also establish the foundation of the breath test final analysis from the Alcotest 9510, including the fifteen-minute observation period and the certification records, before the judge admits the result. Counsel reviews the Registry of Motor Vehicles records that the Commonwealth uses to prove an operating after suspension charge, because those records often contain errors.

The Breath Test, the Refusal, and the License Suspension

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, for no more than 30 days. The driver can request a Registry hearing on a refusal suspension within 15 days of the suspension. The firm’s page on breathalyzer tests and license suspensions explains each deadline, and the firm’s OUI license FAQs answer the questions drivers ask most often about the Registry.

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 under G.L. c. 90, § 24D. Section 24D allows a judge to place an eligible driver on probation for up to two years with an alcohol education program and a license suspension that is ordinarily 45 to 90 days rather than one year.

A driver with no prior OUI offense, or with a single prior OUI offense 10 years or more old, can receive a § 24D disposition. The driver can apply for a hardship license as soon as the driver enrolls in the program.

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. G.L. c. 90, § 24(1)(a)(1). The Registry also revokes the driver’s license for one year after a first-offense conviction. The firm’s page on the first offense OUI in Massachusetts explains eligibility for § 24D and for a hardship license.

Physicians, Nurses, Lawyers, and Students

Many Wellesley and Dover residents are executives, physicians, attorneys, and finance professionals. Many Dedham OUI defendants hold a professional license as well as a driver’s license. A physician answers to the Board of Registration in Medicine, a nurse to the Board of Registration in Nursing, and an attorney to the Board of Bar Overseers. Each board asks about the outcome of a criminal case, and each board treats a dismissal very differently from an admission. The firm’s page on criminal charges and professional licenses explains the reporting rules by profession.

A student at Babson College, Wellesley College, or Massachusetts Bay Community College in Wellesley, or at Olin College of Engineering in Needham, who is arrested for OUI on or near campus appears in the Dedham District Court. The student may also face a school conduct proceeding while the court case is pending. A driver under 21 faces a separate Registry suspension under G.L. c. 90, § 24P after a breath test result of .02 or greater. The firm’s page on college and university student defense explains the court case and the school proceeding.

Getting to the Dedham District Court

The Dedham District Court is at 631 High Street, Dedham, MA 02026. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office and the probation department both answer at (781) 329-4777. A large paid parking lot behind the Registry of Deeds is open to the public. A driver whose license is suspended may not drive to court. MBTA bus routes 34E, 35, 36, and 52 serve the courthouse. The Norfolk County Superior Court is across the street, at 650 High Street.

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 Dedham District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

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

The Dedham District Court hears OUI cases from Dedham, Dover, Medfield, Needham, Norwood, Wellesley, and Westwood. Many of its OUI cases come from State Police and local police stops on Route 1, Route 109, and Interstate 95. The Norfolk County District Attorney’s Office prosecutes the cases.

What happens if the judge rules that the stop was unlawful?

The judge suppresses the evidence the officer obtained after the unlawful stop, including the field sobriety test results, the breath test final analysis, and the driver’s statements. The Commonwealth usually cannot proceed without that evidence, and the OUI case then ends without a conviction and without a plea.

Will a nurse or a physician charged with OUI in Dedham have to tell the licensing board?

Each licensing board asks about the outcome of a criminal case, and each board treats a dismissal very differently from an admission. A physician answers to the Board of Registration in Medicine, and a nurse answers to the Board of Registration in Nursing. The licensed professional should review the board’s reporting rules before the arraignment.

Can a first-offense OUI in Dedham end with a short license suspension?

A judge can resolve an eligible first-offense OUI under G.L. c. 90, § 24D with probation and an alcohol education program. The Registry suspends the license for 45 to 90 days rather than one year, and the driver can apply for a hardship license as soon as the driver enrolls 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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