Drunk Driving Accidents
A Massachusetts OUI involving a vehicular accident can still be defended at trial. The key is to show that the event was just an accident and was not caused by the motorist being under the influence of alcohol.
Some common ways to demonstrate this include, showing that:
1 Another driver caused the accident
2 The accident was caused by common distractions while driving, including sending a text message, talking on a cell phone, looking at a GPS.
3 In some accidents, it can be established it was a simple mistake in driving.
4 Being tired can be used to explain an accident.
In some OUI accidents, when you are rushed to the hospital, the arresting police department may file a notice with the Registry of Motor Vehicles requesting that your license be suspended indefinitely as a result of the accident. The suspension will claim that given the accident, your continued driving poses an immediate threat to the public. This suspension would last until the OUI case is resolved, but it can be appealed to the Board of Appeals and if overturned would allow for a shorter suspension period.
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 no witness to testify about 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 to prove and therefore 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.
Click here to Read more about OUI Serious Bodily Injury
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.