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:

  1. 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.

  2. 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:

  1. 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.

  2. Upon conviction of motor vehicle homicide, the Registry of Motor Vehicles will impose a 15 year loss of license.

To read more about potential license consequences, visit our page on Immediate Threat.

Attorney DelSignore is a Massachusetts OUI attorney that will explain to you the court process as well as prepare a vigorous defense to the Massachusetts criminal charges against you.

Client Reviews
★★★★★
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
★★★★★
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
★★★★★
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
★★★★★
Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
★★★★★
I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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