Most people know that an OUI or DUI accusation can lead to an arrest, but not everyone knows what happens after that. When you're arrested, you'll usually be taken to a police station for booking, unless a hospital is required due to your state of health at the time of your traffic stop.
Once you're taken to the police station, the officers take down your personal information on a form, take a photo of you and take your fingerprints for booking. It's at this point that you may be given a chance to use the telephone and can call your attorney.
What are your rights when you are being questioned?
At any time during questioning by law enforcement, you have a right to have an attorney present. If you don't know an attorney or have one to call, then you can have one appointed to you. Typically, those who can't afford to obtain their own attorney will have an attorney provided to them after they go to court for the first time.
After you go through initial questioning, you may be able to be released on bail, but typically, you'll have to go to court first. If the court is closed and the bail magistrate agrees, you may be released on bail. If you have the money to pay bail, you'll be released.
What happens after you're released from custody?
After you're released, you'll be given a form that shows any charges placed against you. You should give this form to your attorney to review. It will have important information such as what time or date you'll need to show up for court or how long you'll be held in jail if you cannot post bail.
Throughout this process, there are times when you may be asked questions or pressed for answers, like during your police interview. It's important for you to understand your rights throughout the process, because if you don't, you could say or do something that incriminates you or makes your situation more complicated.
When you speak with your attorney, they will help you understand the charges that you're facing and what you should or shouldn't say to the police. Your attorney has much information about the legal process in Massachusetts and will be able to help you defend yourself.