Quincy OUI Lawyer for the Quincy District Court

A person arrested for drunk driving in Quincy, Braintree, Weymouth, Milton, Randolph, Holbrook, or Cohasset faces a criminal OUI case in the Quincy District Court, at 1 Dennis Ryan Parkway in Quincy. The arrest may come from the local police or from the State Police on Route 3 or Interstate 93. The person also faces a license suspension from the Registry of Motor Vehicles that can begin on the night of the arrest, before any judge hears the case. The Norfolk County District Attorney’s Office prosecutes every criminal case in the Quincy District Court.

Massachusetts law calls the offense operating under the influence, or OUI, under G.L. c. 90, § 24(1)(a)(1). Other states and most people call the offense DUI or DWI. An OUI complaint often includes other motor vehicle charges, usually negligent or reckless operation, operating to endanger, or operating after a license suspension. Many Quincy OUI arrests take place on Route 3 and Interstate 93, where the State Police patrol.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. Serpa Law Office’s Quincy office is at 500 Victory Road, Suite 400A, in the Marina Bay section of Quincy, about 4.6 miles from the courthouse. Attorney Serpa represents drivers charged with OUI at arraignment, at motion hearings, and at trial in the Quincy District Court. The firm’s page on Boston OUI and DUI defense explains the OUI law that applies in every Massachusetts court.

What Happens After an OUI Arrest in Quincy

The police take a driver arrested for OUI to the police station for booking. At the station, an officer asks the driver to take a breath test on the Draeger Alcotest 9510. The officer 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, and must give the driver a reasonable opportunity to use that right.

A bail commissioner can release the driver from the police station on bail or on personal recognizance. The driver must then appear for arraignment in the Quincy District Court, usually on the next business day. A family member can find the case on the Quincy District Court daily list, which shows each day’s cases and the courtroom session assigned to each case. A family member who cannot find the case on the daily list can call the clerk’s office at (617) 471-1650.

At arraignment, the judge releases the driver on personal recognizance or sets bail, and the judge can impose conditions of release. The judge then schedules a pretrial conference. After the arraignment, Attorney Serpa obtains the police report and, when they exist, the cruiser video, the booking video, and the breath test records.

When the police do not arrest the driver, the police may apply for a criminal complaint instead. The case then begins with a notice of a clerk-magistrate hearing, which takes place before any criminal complaint issues. The Quincy clerk-magistrates hear many OUI applications from Route 3 and Interstate 93.

The License Suspension Before the Case Is Decided

The Registry of Motor Vehicles suspends the license of a driver who refuses the breath test. The refusal suspension lasts 180 days for a driver age 21 or older with no prior OUI offense. The refusal suspension lasts three years for a driver under 21 or a driver with one prior offense, five years for a driver with two prior offenses, and for life for a driver with three or more prior offenses. G.L. c. 90, § 24(1)(f)(1). The Commonwealth cannot use the refusal as evidence at the OUI trial. G.L. c. 90, § 24(1)(e).

When the breath test final analysis is .08 or greater, the police take the driver’s license. The suspension lasts until the court resolves the OUI charge, but no more than 30 days. G.L. c. 90, § 24(1)(f). An arrest by itself leaves the license in effect.

A driver can challenge a refusal suspension at a Registry hearing within 15 days of the suspension. The Registry hearing considers only whether the officer had reasonable grounds, whether the officer arrested the driver, and whether the driver refused. A driver can challenge a suspension based on a result of .08 or greater in the Quincy District Court within 10 days of the suspension. The driver must show that a blood test taken within a reasonable time produced a result below .08. The firm’s page on breathalyzer tests and license suspensions explains each deadline.

When the judge dismisses the OUI charge or the jury finds the driver not guilty, a driver whose license is suspended for a refusal must ask the judge to restore the license immediately after the favorable result. Commonwealth v. Richards, 480 Mass. 413 (2018). The police can also ask the Registry for an immediate threat suspension under G.L. c. 90, § 22(a), even without an arrest. Attorney Serpa handles the criminal case in the Quincy District Court and advises drivers about the Registry, but he does not appear with clients at the Registry.

OUI Penalties and the § 24D Disposition

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 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 driver also pays a $250 head injury assessment and a $50 assessment. The Registry revokes the license of a driver convicted of a first offense for one year. The driver can apply for a work or education hardship license three months after the conviction and for a general hardship license six months after the conviction.

A driver with no prior OUI offense can resolve the case under § 24D. A driver whose only prior OUI offense was resolved 10 years or more before the new offense can also receive a § 24D disposition, once in a lifetime. 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 when the driver was under 21 at the time of the offense.

A driver who receives a § 24D disposition can apply to the Registry for a hardship license as soon as the driver enrolls in the program. A hardship license allows driving during the same 12 hours every day for work, school, or medical treatment. The firm’s page on the first offense OUI in Massachusetts explains the § 24D disposition, and the firm’s page on hardship licenses explains the Registry hearing and the required documents. A § 24D disposition counts as a prior offense in any later OUI case.

A judge can sentence a driver convicted of a second OUI offense to 60 days to two and one-half years in the house of correction and a fine of $600 to $10,000. The driver must serve at least 30 days. The Registry revokes the license for two years after a second-offense conviction. A third or later OUI offense is a felony. The firm’s page on the second offense OUI and the Cahill disposition explains when a driver with an old prior offense can still receive a § 24D disposition.

How Attorney Serpa Defends an OUI Case in Quincy

The defense often begins with a motion to suppress. The judge can exclude the Commonwealth’s evidence when the officer stopped the car without an observed violation, gave an exit order without justification, or gave a breath test that did not comply with the regulations. A State Police trooper on Route 3 or Interstate 93 must have a lawful reason for the stop, a lawful basis for the exit order, and a lawful basis for each step that follows.

The standardized field sobriety tests are the horizontal gaze nystagmus test, the walk and turn, and the one leg stand. The Commonwealth must present expert testimony before the jury hears evidence of the horizontal gaze nystagmus test. Commonwealth v. Sands, 424 Mass. 184 (1997).

The officer may give an opinion on the driver’s level of sobriety, 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 cross-examining the field sobriety opinion explains how Attorney Serpa questions the officer about the instructions, the roadside conditions, and the scoring.

A certified operator must give the breath test on a certified Alcotest 9510, and the operator must follow the required sequence of an adequate breath sample, a control test, and a second adequate breath sample. The Commonwealth must establish the foundation of the breath test final analysis, including the fifteen-minute observation period and the device’s certification records, before the judge admits the result. A judge can exclude the breath test final analysis when the Commonwealth cannot establish its foundation. The firm’s page on breath test and blood alcohol science explains the instrument and the regulations.

At trial, the judge can allow a motion for a required finding of not guilty when the Commonwealth has not proven operation, a public way, or impairment or a blood alcohol percentage of .08 or greater. The firm’s post on how OUI cases are won at trial describes the trial. When a trial is not the right risk for a first offender, the § 24D disposition allows the driver to obtain a hardship license quickly, and the judge dismisses the case after the driver completes probation under a continuance without a finding.

Immigrants, Commercial Drivers, and Professionals in Quincy

Quincy has a large Asian American community, much of it in North Quincy and Wollaston, and many Quincy residents are immigrants. A first-offense OUI can affect naturalization, a pending green card application, or a visa renewal. Attorney Serpa asks every client about immigration status before recommending any plea.

A conviction or a § 24D continuance without a finding usually creates the immigration risk. The arrest itself, and an officer’s questions at an interview about the arrest or the conduct in the police report, can also create obstacles. An immigration lawyer should review the exact charge, the client’s immigration status, and the court record before the client files a petition, sits for an interview, or agrees to a § 24D disposition. The firm’s page on OUI and immigration explains the immigration rules for an OUI.

A driver with a commercial driver’s license faces separate disqualification rules that make the § 24D disposition far more costly than it appears. A nurse, teacher, or other licensed professional may have to report an OUI charge or a § 24D disposition to a licensing board, depending on the board’s rules. A driver who travels to Canada for work or family also faces the risk that a Canadian border officer will refuse entry after an OUI. The firm’s page on travel to Canada after an OUI explains the Canadian rules.

Getting to the Quincy District Court and the Quincy Office

The Quincy District Court is at 1 Dennis Ryan Parkway, Quincy, MA 02169. A driver whose license is suspended may not drive to court. The Quincy Center stop on the MBTA Red Line is the closest subway stop to the courthouse. Public parking is beside and behind the courthouse, and drivers pay at a central meter that the City of Quincy operates. A public pay garage across from the courthouse has its entrance on Cottage Avenue. The court’s probation department is at 1150 Hancock Street, Quincy, (617) 847-8963.

Attorney Serpa meets clients from Quincy, Braintree, Milton, Weymouth, and other South Shore towns at the Quincy office at 500 Victory Road, Suite 400A. North Quincy station on the MBTA Red Line is about two miles from the office. A person charged with OUI in the Quincy District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Related Serpa Law Office Resources

• Boston OUI and DUI Defense Lawyer
• Quincy District Court Criminal Defense
• First Offense OUI in Massachusetts
• Breathalyzer Tests and License Suspensions in Massachusetts
• Massachusetts OUI Hardship Licenses and Section 24D
• Field Sobriety Test Defense in Massachusetts
• Massachusetts OUI and Immigration Consequences
• Massachusetts OUI and DUI FAQs