Question 1

Can I fight an OUI charge in Bristol County instead of taking 24D?

Accepted Answer

Yes. The 24D disposition is an option, not a requirement. You have the right to a trial before a jury or a judge, and the state has to prove every element beyond a reasonable doubt: that you operated a vehicle on a public way while impaired or with a blood alcohol level of 0.08 or higher. Many cases have real weaknesses, such as a stop without reasonable suspicion, field sobriety tests given in poor conditions, or breath test records that do not meet certification rules. A motion to suppress can exclude key evidence before trial. Whether to fight depends on the evidence and your goals, and a lawyer should review the report and video before you decide.

Question 2

How do I post bail after an OUI arrest in Bristol County?

Accepted Answer

If bail is set after an OUI arrest, it is posted with the Bristol County Sheriff's Office during its scheduled posting times, not at the police station after hours. The person posting must check in before the posting time, and the payment form depends on the amount: smaller amounts can be paid in cash, while larger amounts require a bank check. Missing a posting slot usually means waiting for the next one, which can be the next morning. Most first offense OUI defendants are released on personal recognizance without cash bail. Repeat offenders and cases involving accidents are more likely to face cash bail or conditions such as alcohol monitoring. A lawyer can argue for lower bail or better conditions at arraignment.

Question 3

How long does a Bristol County OUI case take?

Accepted Answer

A first offense case that resolves with a 24D disposition often wraps up within a few months of arraignment, followed by about a year of probation. Cases that go to motions or trial take longer, commonly six months to a year or more, depending on the courthouse calendar, the availability of witnesses, and how long discovery takes. Felony cases indicted in Superior Court usually take the longest. The license side moves on its own schedule: RMV suspensions start at arrest, and the refusal hearing must be requested within 15 days. A lawyer can give you a realistic timeline for your courthouse after reviewing the charges and the evidence, and can often handle routine dates so you miss less work.

Question 4

I am from Rhode Island and was arrested for OUI in Bristol County. What now?

Accepted Answer

The criminal case stays in Massachusetts, in the Bristol County court where you were arrested, and it follows Massachusetts law. The Massachusetts suspension applies to your right to drive in Massachusetts, but it can also affect your Rhode Island license, your insurance, and in some cases your job. Many lawyers practicing in Bristol County are licensed only in Massachusetts. Rory Munns is licensed in both states, so he can defend the Massachusetts charge and advise on the Rhode Island consequences at the same time. For out-of-state defendants, a lawyer can often handle routine court dates without you, which saves repeated trips across the line. Call before the arraignment so the refusal deadline is not missed.

Question 5

Is a second OUI in Bristol County a felony?

Accepted Answer

No. A second offense OUI in Massachusetts is a misdemeanor, but it carries mandatory jail time, a fine of $600 to $10,000, a two-year license suspension, and an ignition interlock requirement. Some defendants can complete a 14-day inpatient treatment program in place of part of the jail term. A third offense is a felony, with a mandatory minimum term, up to five years in state prison, and an eight-year license suspension, and it can be indicted in Bristol County Superior Court. Because Massachusetts counts priors for life, including 24D dispositions and some out-of-state convictions, the offense level is often the first thing to examine. The state has to prove each prior with proper records.

Question 6

What happens to my license after a Bristol County OUI arrest?

Accepted Answer

Two things can happen right away, before the court case even starts. If your breath test result was 0.08 or higher, the RMV suspends your license for 30 days immediately. A driver under 21 with a result of 0.02 or higher faces a separate youth suspension of 180 days, or one year if under 18, which a first-time driver can often have waived by enrolling in the driver alcohol education program. If you refused the breath test, the RMV suspends your license for at least 180 days, and longer with prior offenses. You have 15 days to request an RMV hearing to challenge a refusal suspension. Later, the court case adds its own license loss depending on the outcome: 45 to 90 days with a 24D disposition, up to a year for a first offense conviction, and two years for a second.

Question 7

Which court will hear my Bristol County OUI case?

Accepted Answer

It depends on where you were arrested. Bristol County has four District Courts: Attleboro, Fall River, New Bedford, and Taunton. Each hears OUI cases from its own group of towns. Attleboro District Court, for example, covers Attleboro, North Attleborough, Mansfield, and Norton. Your citation or bail paperwork lists the court and the arraignment date. Nearly all first and second offense OUI cases stay in District Court through resolution. A third offense, or an OUI that caused serious injury or death, can be indicted and moved to Bristol County Superior Court, which sits in Taunton, Fall River, and New Bedford. If you are unsure which court has your case, a lawyer can confirm it and appear with you at arraignment.

Question 8

Will I go to jail for a first OUI in Bristol County?

Accepted Answer

Usually not. The statute allows up to 2.5 years in the house of correction for a first offense, but jail is rare on a clean record. Most first offenders in Bristol County are offered a 24D disposition: probation, a state alcohol education program, and a license loss of 45 to 90 days, with the case continued without a finding instead of entered as a conviction. Jail becomes a real risk when the case involves a very high breath result, an accident with injury, a child in the car, or a prior record that the court counts as a second offense. Because Massachusetts counts prior offenses for life, it is important to confirm your record before assuming you are a first offender.

Bristol County DUI Lawyer