If you have just been arrested it is important that you act immediately to protect yourself and preserve your right to a fair trial. Following your arrest and release from custody you will be ordered to appear in court for what is commonly referred to as an Arraignment. At that time, you will be formally notified of the charges against you, the court will enter a plea of ‘not guilty’ on your behalf, and you will be asked if you intend to hire a lawyer. Given the complexity of a drunk driving case you should never consider pleading guilty to a drunk driving case at the arraignment stage. Anyone who advises you to the contrary is simply not looking out for your best interests. Our position is that it rarely a wise move to ever plead guilty, but to do so at the arraignment would be a mistake you would be sure to regret.

For people charged with second or subsequent offenses, the arraignment takes on added significance. While most people charged with a first offense are simply released on their promise to return to Court (“personal recognizance”), it is not uncommon for alleged subsequent offenders to be released on certain conditions, such a no driving, no drinking, AA attendance, random breath testing and the like. Since these conditions will often remain in place for the duration of the case a person charged with a second or subsequent offense may be well advised to seek the assistance of an attorney even before the arraignment.

In addition to the ensuing court process, people charged with drunk driving offenses must also deal with the consequences for failing and/or refusing a breath or blood test. Both in Massachusetts and New Hampshire there are administrative consequences (i.e. loss of license) if you fail or refuse a breath test, however the procedures that must be followed to address these issues vary from state to state. For example, in Massachusetts the loss of license is immediate, whereas a person arrested in New Hampshire is typically issued a temporary license for 30 days following the arrest. Both states impose strict deadlines by which these suspensions must be appealed. To be sure you are doing all that can be done to minimize any loss of license, it is important that you exercise your rights in a timely fashion.