What happens when I am charged with serious bodily injury?

There are two different statutes that apply for a Massachusetts OUI charge where there was a serious bodily injury as a result of the driving.

Chapter 90 Section 24L of the Massachusetts General Laws addresses the consequences you may face if you are charged with operating a motor vehicle on a public way while under the influence of alcohol, marijuana, narcotics, or other substances.

  • Chapter 90 Section 24L (1) applies if you have been charged with recklessly or negligently operating a motor vehicle on a public way while under the influence of alcohol, marijuana, narcotics, or other substances.

  • Chapter 90 Section 24L (2) applies if you have been charged with operating a motor vehicle on a public way while under the influence of alcohol, marijuana, narcotics, or other substances.

What is Serious Bodily Injury?

As defined in Section 24L(3), serious bodily injury inflicted due to operating a motor vehicle on a public way while under the influence shall mean that the injury creates a substantial risk of death, total disability, “or the loss or substantial impairment of some bodily function for a substantial period of time.”

Am I Going to Jail?

If you are found guilty under Section 24L(1), you face a minimum sentence of two and a half years, with the possibility of reduction to a minimum of six months. Under this section, you will not be eligible for pro- bation, parole, or any other deduction from the sentence until at least six months are served. The maxi- mum amount of time you can serve under this section is ten years. Additionally, you will have to pay a fine of no more than $5,000.00.

If you are found guilty under Section 24L(2), you may face a maximum jail sentence of two and one-half years. Alternatively, you may be required to pay a minimum fine of $3,000.00. You may be sentenced to both jail time and to pay a fine at the court’s discretion.

Will I Lose My Driver’s License?

Under 24L(4), if you are found guilty under either section 24L(1) or (2), the registrar shall revoke your driver’s license for two years.

If you are facing a serious bodily injury charge, it is highly recommended that you speak with a specialized OUI attorney. You can call Attorney Delsignore directly at 781-686-5924.

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