What to expect when arrested for Operating Under the Influence

WHAT TO EXPECT FOR A FIRST OUI

So you have been arrested for an OUI, here’s what to expect:

You will be booked and held at the Police Station until someone comes to bail you out. The person bailing you out will need to pay $40 cash to release you.

The next day, or next business day, you will be arraigned in the Court where the offense took place. At the arraignment you will be called before the judge and charged.

If you are not able to afford and attorney one will be appointed to you. For which you will have to pay a fee depending on your income.  If you are able to afford an attorney depending on the circumstances it will cost around $3000.  

At that time your license will be suspended for 30 day if you submit to and fail a breathalyzer res, meaning your breath alcohol content was over the legal limit, which is 0.08%. If you do not take a breathalyzer test, which we recommend, your license will be suspended for 180 days or until your case is resolved.

After that 30 days or 180 days you may be able to go to the Registry of Motor Vehicles (RMV), and meet with a hearings officer to get your license reinstated.  This will cost $500.  Your local RMV may not perform hearings. You will have to go online, or call, to see where the closest Registry that does perform hearings is.

There may be several court dates to decide how to proceed with your case.

If you plead guilty, admit to sufficient facts that would support a guilty finding, or are found guilty of the OUI offense, your license will then be suspended again for another 45 days. You will be ordered to take a 90 24D Program, a 14-day out-patient program that meets once a week, for which there is a fee of around $750.00 depending on your income, and placed on probation, for which there is also a fee of $65.00 per month for at least 6 months. Other fees you will have to pay are: 

$50     Victim Witness Assessment

                                                                                                                                                 

$50     OUI Victims Assessment

                                                                                                                                                 

$250   OUI Sec 24D State Fee  

                                                                                                                    

$250   Head Injury Assessment

                                                                                                                                                                                                                                                                   HOW TO GET A HARDSHIP LICENSE also called a CINDERELLA LICENSE      

During the 45 days you may be eligible for a Hardship license, also called a Cinderella License from the Registry of Motor Vehicles. This license usually allows you to drive during a 12 hour block of time, for instance 7:00 am to 7:00 pm. In order to get a hardship license you will have to have another hearing at the RMV.  

To get a hardship license you must meet certain requirements:

1.     There cannot be any evidence that you have been operating during suspension.

2.     Documented entry or enrollment, on program letterhead, verifying that you are enrolled in a 9024D Program.

3.     A documented legitimate hardship.  You must provide a letter from your employer, on letterhead, which cannot be more than 30 days old.  The letter must state the applicant’s need for a hardship license and work hours.

4.     If self-employed you must present proof of self-employment such as a business certificate, tax forms indicating self-employment, or a current professional license.  You must also write a letter explaining your need for a hardship license and the hours requested.

5.     If you applying for a hardship license for school, or medical treatments you will need third party documentation of the hardship.

6.     Finally, you must provide proof regarding the availability of public transportation. This proof may be included in the employer’s letter, or you may use local bus/transit routes, or Mapquest etc.              

If you are granted the Hardship License you will have to pay another $50 to reinstate your license after the 45 days.

Contact the criminal defense team at Boyle & Carbone, P.C. if you or anyone else that you know is arrested and charged with OUI. (978) 342-3422 or contact us through our website: www.bclawma.com.