OUI defendant’s are often baffled when, during a plea tender, the judge asks “Where was your last drink prior to arrest?” (The same question will be asked of defendants who are convicted of an OUI following a bench or jury trial.)
The judge isn’t interested in your nightlife or social habits. Nor is he preparing to give you a lecture about responsible drinking.
Instead, the question is mandated by Massachusetts statutory law. According to M.G.L. c. 90, § 20J, prior to accepting a plea agreement or subsequent to an OUI conviction, the trial judge
shall inquire of the defendant…regarding whether he was served alcohol prior to his violation of [the OUI law] at an establishment licensed to serve alcohol on the premises and the name and location of said establishment.
If the defendant was, in fact, served alcohol at a licensed establishment (e.g., bar, restaurant, etc.) prior to his OUI, the name of the establishment will be recorded by the clerk. The clerk’s office will then provide the name of the establishment to the following agencies:
- the alcohol beverage control commission,
- attorney general’s office , and
- the district attorney’s office.
The bar or restaurant named by the defendant will also receive notice.