Local DUI Laws

Court Is Mandatory for All OUI Charges in Massachusetts

If you’re arrested for Operating Under the Influence (OUI) in Massachusetts, you must go to court. There is no workaround, no option to pay a fine and avoid the courtroom, and no way to resolve the charge without appearing before a judge. Even for first-time offenders or those who feel the arrest was a mistake, Massachusetts law treats OUI as a criminal offense, not a civil infraction.

This mandatory court process begins shortly after the arrest and includes several key events—starting with arraignment and continuing through potential hearings, motions, and, in some cases, trial and sentencing. The system is structured to enforce accountability, regardless of the circumstances surrounding the arrest.

This article breaks down what the court requirements are, why they exist, what happens at each stage, and how your personal presence is legally necessary to move the case forward. Whether you’re looking to plead guilty, not guilty, or explore a diversion program, understanding the full court process is critical.

Why Massachusetts Requires Court Appearances for OUI

Unlike minor traffic tickets or parking violations, an OUI charge in Massachusetts initiates a criminal court case. That distinction alone makes court attendance mandatory. When you are formally charged, the Commonwealth requires that you appear in person to:

• Be informed of your rights.
• Hear the official charges.
• Enter a plea (guilty, not guilty, or other).
• Receive scheduling for future proceedings.

This requirement applies whether you are a Massachusetts resident or an out-of-state driver. It doesn’t matter if your BAC was just over the limit or significantly higher, or whether the offense involved drugs, alcohol, or a refusal to test. The court process is the same across the board, and personal attendance is expected.

If you fail to appear for your scheduled court date, the court will issue a default warrant for your arrest. The Registry of Motor Vehicles (RMV) will also be notified, and your license can be suspended until the matter is resolved.

Even if you plan to plead guilty or cooperate with authorities, skipping court is not an option. The court must officially hear your plea and accept it for the process to move forward legally.

The Arraignment: Your First Required Appearance

The OUI court process begins with an arraignment, typically held within one to three business days after your arrest. This is the first mandatory court appearance and sets the legal process in motion.

At arraignment:

• The court reads the charges filed against you.
• You are asked to enter a plea.
• Bail or release conditions may be set.
• A schedule for future hearings is established.

This appearance is non-negotiable. You cannot waive it, have someone else attend in your place (unless you have specific judicial approval), or delay it without risking legal consequences. Even if you hire an attorney, your personal appearance is almost always required at arraignment in OUI cases.

In some instances, the judge may impose conditions for release such as:

• Alcohol monitoring via SCRAM or remote testing.
• Travel restrictions.
• No use of drugs or alcohol.
• Weekly or monthly check-ins with probation.

These restrictions can go into effect immediately and remain until the case is resolved.

Pre-Trial Hearings Also Require Your Involvement

Following arraignment, your case enters the pre-trial phase, which can include multiple hearings spread over several weeks or months. These hearings serve to:

• Exchange evidence (known as “discovery”).
• Discuss possible legal motions (e.g., to suppress evidence).
• Consider plea negotiations.
• Prepare for trial if no resolution is reached.

You will usually need to be present at all pre-trial hearings, especially if:

• You do not have legal representation.
• The judge has not excused your presence.
• The hearing involves discussions of plea deals or pre-trial conditions.

Even if you have an attorney, judicial approval is required for them to appear on your behalf. Many judges will require your presence unless the hearing is procedural and your lawyer specifically requests a waiver.

If you’re hoping to resolve the case through a diversion program or plea deal, you’ll still need to appear in court to formally enter the agreement and have the judge approve it.

No Option to Pay and Avoid Court

Some people mistakenly believe they can “just pay the fine” and avoid court altogether. That is not how OUI cases work in Massachusetts. You cannot resolve an OUI by mail, online, or through administrative fines alone.

This is because OUI is a criminal charge with consequences that extend beyond fines, including:

• License suspension.
• Probation.
• Mandatory alcohol education or treatment programs.
• A permanent entry on your criminal record.

Every one of these outcomes requires judicial approval, which only happens during in-person court proceedings.

In contrast, infractions like speeding tickets are civil violations and can often be resolved without a court appearance. OUI cases, however, trigger an entire criminal process that must be handled directly through the court system.

Missing Court Dates Has Serious Consequences

If you fail to appear in court for any scheduled OUI-related hearing, the judge will issue a default warrant. This means law enforcement now has authorization to arrest you at any time—during a traffic stop, at your home, or at your workplace.

Additional consequences include:

• Immediate license suspension by the RMV.
• Forfeiture of bail, if any was posted.
• Additional criminal charges in some cases.
• Loss of eligibility for certain first-time offender programs or plea deals.

Once a default is issued, your case cannot move forward until you return to court and the warrant is cleared. The longer you wait, the harder it becomes to resolve the matter favorably.

If you miss court due to legitimate emergency reasons, such as hospitalization, notify your attorney or the clerk’s office immediately. Documentation may help you avoid the worst penalties, but only if handled right away.

Can Your Attorney Go to Court for You?

In limited circumstances, a Massachusetts judge may allow your attorney to appear on your behalf—but only for specific types of hearings and only with prior approval.

Hearings where your attorney may be able to appear for you:

• Status updates or scheduling hearings.
• Motions involving only legal argument (not testimony or plea changes).
• Some procedural conferences.

Hearings where your personal appearance is required:

• Arraignment.
• Motion hearings involving your testimony.
• Plea hearings or dispositions.
• Trial.
• Sentencing.

Judges are generally reluctant to excuse a defendant’s presence in OUI cases unless a valid reason is provided in advance. Having an attorney does not exempt you from participating in the legal process.

What If You Live Out of State?

Even if you were arrested for OUI while visiting or passing through Massachusetts, you are still required to return to the state for court appearances. Being an out-of-state driver does not exempt you from the judicial process.

In fact, ignoring a court summons from Massachusetts can result in:

• An arrest warrant that becomes part of a national database.
• License suspension in your home state under the Driver License Compact.
• Complications with background checks, employment, and future travel.

In some rare cases, a Massachusetts attorney may be able to arrange limited appearances on your behalf, but this must be formally approved by the court, and only applies to specific stages.

FAQ: Do You Have to Go to Court for an OUI in Massachusetts?

Do I have to go to court if it’s my first OUI offense?
Yes. All OUI charges—first-time or repeat—require at least one in-person court appearance.

Can I resolve the charge by paying a fine instead of going to court?
No. OUI is a criminal offense and cannot be handled outside of the court system.

What happens if I miss a court date?
A default warrant will be issued, and your license will likely be suspended. You may also face additional penalties.

Will my attorney handle everything so I don’t have to go?
Your attorney can appear for certain hearings, but you must attend all major court events unless the judge says otherwise.

I live out of state. Do I still have to go to court?
Yes. OUI charges in Massachusetts require your appearance, even if you are not a resident.

Conclusion

Every OUI charge in Massachusetts requires you to go to court—no matter your background, circumstances, or where you live. The legal process begins with arraignment and continues through pre-trial hearings and, if needed, trial or sentencing. Failing to appear can lead to arrest warrants, license suspension, and a more difficult legal path. Knowing your responsibilities and showing up as required is the only way to move your case forward.

To learn more about how the Massachusetts OUI court process works, visit: DUI Process And Timeline.
For an overview of what happens from the moment of a traffic stop to your day in court, check out: The DUI Process From Traffic Stop to Court.