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Dedham Felony OUI Lawyer
Operating under the influence is a serious offense. Facing felony penalties for an OUI offense can be even daunting to someone accused. It can be critical to seek the legal advice of an established OUI attorney. You may feel better about facing the charges against you with a Dedham felony OUI lawyer by your side.
Understanding the Treatment of Felony OUI OffensesThe OUI laws in Massachusetts are strictly enforced, particularly in Dedham by the Dedham Police Department. The police are very alert for potentially impaired drivers. Many cases start with 911 calls of someone claiming another person is driving unsafely or erratically. Route 1 in the area of Legacy Place and the area between Exits 15, 16 and 17 toward the Dedham District Court are very highly patrolled by the state and the local Dedham Police Department.
Classifying Operating Under the InfluenceAs a Dedham felony OUI lawyer knows, a first-offense OUI in Dedham has a minimum sanction. In other words, they won't dismiss or reduce the charge. People who are charged with a OUI in Massachusetts and, in particular, Dedham District Court face a minimum of one-year probation, completing an alcohol education program, and fines and fees.
If it is a second offense or greater, the associated penalties include completing a 14-day inpatient program, aftercare, and a two-year license loss. Jail time is possible for a second offense. However, jail time is extremely rare for a first offense OUI.
Can DUI Charges Be Elevated to a Felony Offense?A third offense or greater is considered a felony, or if the OUI involves serious bodily injury. Those two offenses are felony offenses in which a person is looking at potentially taking a DNA test. If it is serious bodily injury, they could be indicted and brought to superior court, which increases the potential of jail time that a person faces.
Misdemeanor vs. Felony OUI CasesIn a felony case, jail time is more likely and the defense would attempt to get the charge reduced to avoid jail time. Dedham felony OUI lawyers may suggest some kind of treatment when seeking a reduction of charges.
However, if the offense either involves serious bodily injury or is a third or fourth offense, an attorney may try to cut out the felony element of the case. Then the case would proceed in the same way as another OUI case. But the first part of it is going to be to try to minimize the exposure, in terms of jail time, that the person faces.
Penalties for a Felony OUI OffenseFor a felony DUI of a third offense or greater, if it stays in district court, the penalty would be a two-and-a-half-year House of Corrections sentence. If it goes to superior court, it could be a five-year jail sentence. If there is a serious bodily injury, it is two and a half years in the House of Corrections if it stays in the district court or ten years if it was indicted and brought to superior court. Felonies have the possibility of an indictment and being brought to superior court, where it increases the potential jail time. Should you be confronted with the possibility of these consequences, contact a Dedham felony OUI lawyer right away.
