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Framingham OUI Lawyer for the Framingham District Court

A driver arrested for drunk driving in Framingham, Ashland, Holliston, Hopkinton, Sudbury, or Wayland faces a criminal OUI case in the Framingham District Court, at 600 Concord Street in Framingham. The State Police also bring OUI arrests from the Massachusetts Turnpike, Route 9, and Interstate 495 in those six towns to the Framingham District Court. The driver faces a Registry of Motor Vehicles license suspension as well, often starting on the night of the arrest. The Middlesex County District Attorney’s Office prosecutes the case.

Massachusetts law names the offense operating under the influence, or OUI, under G.L. c. 90, § 24(1)(a)(1). Most people, and the laws of most other states, call the same offense DUI or DWI. In Attorney Serpa’s experience, the State Police and the local police make many OUI arrests on the Massachusetts Turnpike, Route 9, Route 30, and Route 126. The Natick and Sherborn police bring their OUI arrests to the Natick District Court, which sits in the same building at 600 Concord Street.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Framingham District Court at arraignment, at motion hearings, and at trial. The firm’s page on Boston OUI and DUI defense explains the elements of an OUI and the penalties for a first, second, and later offense.

What Happens After an OUI Arrest in Framingham

The arresting officer brings 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. At booking, the police must 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 release the driver from the station on bail or on personal recognizance. The driver then appears for arraignment in the Framingham District Court, usually on the next business day. A family member can call the clerk’s office at (508) 875-7461 to find the arraignment date. At arraignment, the judge releases the driver on personal recognizance or sets bail and any conditions of release.

Not every OUI investigation ends with an arrest. In Attorney Serpa’s experience, the Framingham clerk-magistrates hear a large number of applications each week, including OUI applications and criminal motor vehicle citations from the Turnpike and Route 9. A clerk-magistrate hearing takes place before any criminal complaint issues. The firm’s page on the immediate threat suspension explains how the police can ask the Registry to suspend a license even without an arrest.

The Breath Test, the Refusal, and the License

A driver age 21 or older with no prior OUI offense who refuses the breath test faces a separate 180-day license suspension. The Registry imposes the refusal suspension at once. 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 mention the refusal to the jury 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. Within 10 days of that suspension, the driver can ask the Framingham District Court to restore the license, but only with a blood test taken within a reasonable time that showed a result below .08. A driver can ask for a Registry hearing on a refusal suspension within 15 days. The firm’s page on OUI license suspensions lists every suspension that follows an OUI arrest, a refusal, the § 24D disposition, and a conviction.

The § 24D Disposition and the Penalties for a First Offense

A driver with no prior OUI offense, or with a single prior OUI offense 10 years or more old, qualifies for the first-offender disposition under G.L. c. 90, § 24D. The judge places the driver on probation for up to two years, usually under 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. 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. The Registry revokes the convicted driver’s license for one year. The driver may ask the Registry for a hardship license for work or school after three months. A judge may not place an OUI case on file or continue the case without a finding, except through § 24D. The firm’s page on the first offense OUI explains when a trial is the better course than § 24D.

Turnpike, Route 9, and Route 30 Stops

Attorney Serpa defends an OUI case by examining the stop, the exit order, the field sobriety tests, and the breath test. A trooper on the Turnpike or an officer on Route 9 needs a lawful reason for the stop and a lawful basis for the exit order. A judge who finds that the stop or the exit order was unlawful can suppress the officer’s observations, the field sobriety test results, and the breath test final analysis.

The Commonwealth must establish the foundation of the breath test final analysis from the Alcotest 9510 before the judge admits the result. The foundation includes the fifteen-minute observation period, the operator’s certification, and the device’s certification records. The officer may describe the driver’s performance on the walk and turn and the one leg stand, but the officer may not tell the jury that the driver was under the influence. Commonwealth v. Canty, 466 Mass. 535 (2013). The firm’s post on how OUI cases are won at trial describes the cross-examination of the arresting officer.

Interpreters, Immigrants, and Framingham State Students

Framingham has large Brazilian and Latino communities. A defendant who does not speak or understand English has a right to a qualified court interpreter under G.L. c. 221C, § 2, including Portuguese and Spanish interpreters.

A conviction or a § 24D continuance without a finding can affect a visa application, a visa renewal, or a green card application. An arrest and the questions an immigration officer asks about the arrest can also create obstacles at an interview. A noncitizen charged with OUI should read the firm’s page on OUI and immigration and speak with an immigration lawyer before accepting any plea or a § 24D disposition.

A Framingham State University student arrested for OUI faces the criminal case in the Framingham District Court and may also face a university conduct proceeding. A driver under 21 also faces a separate Registry suspension under G.L. c. 90, § 24P after a result of .02 or greater. The firm’s page on college and university student defense explains the school proceeding.

Getting to the Framingham District Court

The Framingham District Court is at 600 Concord Street, Framingham, MA 01701. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. The clerk’s office number is (508) 875-7461, and the probation department number is (508) 875-5241. A public parking lot serves the courthouse, and drivers can also park on the surrounding streets. A driver whose license is suspended may not drive to court. Framingham Station on the MBTA Framingham/Worcester commuter rail line is about a mile and a half from the courthouse, and MetroWest Regional Transit Authority buses serve the area.

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 Framingham District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

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

The Framingham District Court hears OUI cases from Framingham, Ashland, Holliston, Hopkinton, Sudbury, and Wayland, including State Police arrests on the Massachusetts Turnpike, Route 9, and Interstate 495 in those towns. The Natick District Court, in the same building at 600 Concord Street, hears OUI cases from Natick and Sherborn.

Can an OUI case in Framingham begin with a clerk-magistrate hearing?

When the police do not arrest the driver, the police can apply for a criminal complaint, and a clerk-magistrate holds a hearing before any complaint issues. In Attorney Serpa’s experience, the Framingham clerk-magistrates hear many OUI applications and criminal motor vehicle citations from the Massachusetts Turnpike and Route 9.

How long will I lose my license after an OUI arrest in Framingham?

A driver age 21 or older with no prior OUI offense loses the license for 180 days after refusing the breath test. 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 Registry suspends the license for 45 to 90 days after a § 24D disposition.

Should a noncitizen accept a § 24D disposition in Framingham?

A noncitizen should speak with an immigration lawyer before accepting a § 24D disposition or any plea. A conviction or a § 24D continuance without a finding can affect a visa application, a visa renewal, or a green card application. The immigration lawyer should review the exact charge, the client’s immigration status, and the court record.

Related Serpa Law Office Resources

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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.

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