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Somerville OUI Lawyer for the Somerville District Court

A driver arrested for drunk driving in Somerville or Medford faces a criminal OUI case in the Somerville District Court, at 175 Fellsway in Somerville. The Medford police bring their OUI arrests to the Somerville District Court, not to the Malden District Court, even though the Malden District Court building is in Medford. The driver also faces a Registry of Motor Vehicles license suspension that can begin on the night of the arrest. The Middlesex County District Attorney’s Office prosecutes the case.

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. Many OUI arrests in the Somerville District Court arise on McGrath Highway (Route 28) and the roads that connect Somerville and Medford to Interstate 93.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Somerville District Court 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 Somerville or Medford

The police take the driver to the Somerville or Medford police station 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 Somerville District Court, usually on the next business day. The clerk’s office and the probation department both answer at (617) 666-8000. 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.

McGrath Highway and the Roads to Interstate 93

The defense in a Somerville OUI case often depends on a motion to suppress. A stop without reasonable suspicion, an exit order without justification, or a breath test given outside the regulations can persuade the judge to exclude the Commonwealth’s main evidence before trial. Roads where the police make many stops also produce stops based on weak observations. A case that looks hopeless at arraignment often looks very different after the cruiser video and the booking records arrive.

Counsel examines the stop, the field sobriety tests, and the calibration records of the Draeger 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 describe 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 cross-examining the field sobriety opinion explains how Attorney Serpa questions the officer.

Assembly Row and Davis Square produce many of the court’s nightlife cases. A driver stopped after a night in Davis Square or at Assembly Row faces the same OUI charge as a driver stopped on McGrath Highway, and the same defenses apply.

The Breath Test, the Refusal, and the 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 Registry imposes the refusal suspension before any judge hears the case, and 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 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 Massachusetts OUI license suspensions explains each license suspension.

The § 24D Disposition for Commuters, Students, and Visa Holders

A judge may not place an OUI case on file or continue it without a finding, except through a disposition under G.L. c. 90, § 24D. A judge can sentence a driver convicted of a first 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 loses the license for one year after a first-offense conviction.

Under § 24D, the judge places an eligible first offender 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. The first-offender program under § 24D allows a working person to obtain a hardship license and keep working, even when the evidence holds up. A commuter needs a hardship license to get to a job that the Green Line does not serve.

A visa holder needs an outcome that immigration authorities will not treat as a conviction. A conviction or a § 24D continuance without a finding usually creates the immigration risk, so a noncitizen should ask an immigration lawyer to review the exact charge, the noncitizen’s immigration status, and the court record before accepting a plea. The firm’s page on OUI and immigration explains the immigration rules.

A licensed professional needs to know what the licensing board must be told and when. A Tufts University student may also face a university conduct proceeding, which the firm’s page on college and university student defense explains.

Getting to the Somerville District Court

The Somerville District Court is at 175 Fellsway, Somerville, MA 02145. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. A free parking lot sits behind the courthouse. A driver whose license is suspended may not drive to court. MBTA buses 90 and 92 stop nearby.

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 Somerville District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which court hears an OUI arrest in Medford?

The Somerville District Court hears OUI cases from Somerville and Medford. The Medford police bring their arrests to the Somerville District Court at 175 Fellsway, not to the Malden District Court, even though the Malden District Court building is in Medford. The Middlesex County District Attorney’s Office prosecutes the case.

Where do most Somerville OUI arrests take place?

Many OUI arrests in the Somerville District Court arise on McGrath Highway (Route 28) and the roads that connect Somerville and Medford to Interstate 93. Assembly Row and Davis Square also produce many of the court’s nightlife cases.

Can a Somerville OUI case improve after the arraignment?

A case that looks hopeless at arraignment often looks very different after the cruiser video and the booking records arrive. A stop without reasonable suspicion, an exit order without justification, or a breath test given outside the regulations can persuade the judge to exclude the Commonwealth’s main evidence before trial.

Can a commuter keep driving to work after a Somerville 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.

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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