Getting arrested for Operating Under the Influence can feel overwhelming and disorienting. One moment you’re going about your evening, and the next you’re in police custody facing serious charges. While you can’t change what happened, you can take control of what happens next.
The first 48 hours after your arrest are critical. This isn’t the time to panic or make rash decisions. Instead, focus on taking strategic steps that will protect your rights and strengthen your defense down the road.
Document Everything Immediately
As soon as possible after your release, write down every detail you can remember about the arrest. Your memory will fade quickly, so don’t wait. Note the time you had your last drink, where you were, what you drank, and how much. Record the officer’s behavior, what tests were performed, and any witnesses present.
These details matter more than you might think. In Massachusetts OUI cases, the prosecution must prove every element beyond a reasonable doubt—the highest legal standard in our criminal justice system. Small inconsistencies or procedural errors can create the reasonable doubt needed for your defense.
Preserve Physical Evidence
If you were at a bar or restaurant, go back within 24 hours if possible. Get itemized receipts showing exactly what you ordered and when. Ask your server for their contact information. Request security camera footage before it’s recorded over. If there was an accident scene, take photographs of the location, lighting conditions, and road conditions.
This might seem excessive, but physical evidence can be powerful. For example, a receipt showing you had one beer at 8 PM combined with a breathalyzer test at 9 PM reading .08% creates a timeline that toxicology experts can analyze. One standard drink typically produces a blood alcohol content of about .025, making that reading scientifically questionable.
Understand Your License Suspension
Your license was likely confiscated at the arrest. In Massachusetts, you have just 15 days to request a hearing if you refused the breath test. Missing this deadline means automatic suspension—180 days for a first offense, longer for subsequent offenses.
Here’s what many people don’t know: Massachusetts has a lifetime lookback period for OUI offenses. That DUI you got in college? It counts. That OUI from 15 years ago in another state? It counts too. The stakes increase dramatically with each offense.
Don’t Go It Alone
Remember, being charged with OUI doesn’t mean you’re guilty. It means the state has to prove their case beyond a reasonable doubt, and there are numerous ways to challenge their evidence. Your first 48 hours set the foundation for everything that follows. Use them wisely.
The biggest mistake people make is trying to handle an OUI arrest by themselves or with an inexperienced attorney. This is a specialized area of law with its own science, procedures, and defense strategies. Board Certified Specialists in DUI/OUI Defense Law bring specific expertise that can make the difference between conviction and acquittal.
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
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