Under the Massachusetts Bail Law, a person arrested for OUI is entitled to have a timely bail hearing to determine whether he or she should be held or released from police custody to appear for arraignment when court is next in session. Delays in holding the required Massachusetts bail hearing may result in dismissal of the drunk driving charges and the police are required to inform the defendant about his statutory and common law to be considered for release on bail. A delay in the Massachusetts DUI bail process may frustrate a defendant's ability to exercise his right to an independent medical examination.

After these preliminary bail hearings, ost people who arrested for DUI in Massachusetts are released on “personal recognizance,” which is the defendant’s promise to appear in court. However, when it comes to repeat OUI offenders, Massachusetts prosecutors are increasingly requesting ““dangerousness hearings.” Pursuant to G.L. c. 276, § 58A, prosecuting attorneys can use these hearings to have OUI defendants held in jail, while awaiting trial, on the grounds that the defendant represents a danger to the public.

In order to hold an alleged drunk driver, the prosecutor must convince the judge that “no conditions of release will reasonably assure the safety of any other person or the community.” A good Massachusetts DUI lawyer will be able to offer reasonable alternatives to incarceration. Factors which judges consider include the nature and seriousness of the crime, the danger which the OUI defendant poses to society if released, and the defendant’s work record, mental health history, family situation, reputation, and criminal record.

Massachusetts Bail hearings in DUI cases are usually held shortly after arraignment. Therefore, the defendant usually does not have much time to retain a Massachusetts DUI Attorney who can make effective arguments to keep the client out of jail. Through counsel, the defendant is allowed to call witnesses on his or her behalf and to cross-examine the prosecution’s witnesses.

Dangerousness hearings cannot be held for those charged with a first or second offense. In order to trigger the possibility of a dangerousness bail hearings, the DUI offense must have the potential to result in a third or subsequent OUI or reckless driving conviction. This requirement balances an individual’s right to be released on bail with the need to protect the public from dangerous drivers.