Drunk Driving Accidents
A Massachusetts OUI arrest when an accident is involved can still be defended at trial. The key is to deal with the circumstances of the accident that show that it was just an accident and not caused by the motorist being under the influence of alcohol. Some come ways to demonstrate this include, showing that:
- Another driver caused the accident;
- The accident was caused by common distractions while driving, including sending a text message, talking on a cell phone, looking at a GPS.
- In some accidents, it can be established it was a simple mistake in driving.
- Being tired can be used to explain an accident.
- OUI Charge involving a One Car Accident
A Massachusetts OUI charge involving a one car accident can often be a very defensible case, as often there is not witness as to the cause of the accident. Without any witness as to the cause of the accident, the police will be forced to rely on observation evidence, such as manner of speech and odor of alcohol.
Often, field sobriety tests will not be conducted, or even if given, are less reliable given that the officer will have to acknowledge that the accident could have impacted performance on the field exercises. Often, OUI accident cases in Massachusetts can be difficult cases for the Commonwealth and result in a not guilty verdict at trial.
DUI accidents sometimes involve the Commonwealth attempting to offer your hospital medical records as to your blood alcohol level into evidence to prove that you were above the legal limit of .08.
- OUI Serious Bodily Injury
Massachusetts OUI law imposes severe penalties for anyone found guilty of driving under the influence of alcohol, causing serious bodily injury. Massachusetts General Laws Chapter 90 Section 24L, sets forth the definition of serious bodily injury as an injury that creates a substantial risk of death or permanent disability.
An OUI serious bodily injury conviction carries with it the potential penalty of:
- State prison for not less than 2.5 years nor more than ten years; or by imprisonment in the house of correction, if the case remains in district court for not less than six months and not more than 2.5 years.
- Additionally, the statute imposes a mandatory two year loss of driver's license following any first offense conviction.
OUI Motor Vehicle Homicide
An OUI Motor Vehicle Homicide case carries with it the following potential penalties:
- State prison for not less than 2.5 years or more than 15 years; if the case remains in the district court not less than one year house of correction or more than 2.5 years.
- Upon conviction of motor vehicle homicide, the Registry of Motor Vehicles will impose a 15 year loss of license.
Attorney DelSignore is a Massachusetts criminal defense attorney that will explain to you the court process as well as prepare a vigorous defense to the Massachusetts criminal charges against you. Call today for a free consultation.