DUI Serious Bodily Injury in Massachusetts
Under MGL c. 90 s. 24L, there are two degrees of operating under the influence causing serious bodily injury. These are considered misdemeanor offenses and felony offenses, respectively.
To be convicted of misdemeanor OUI – serious bodily injury, the prosecution must prove that you operated a motor vehicle on a public way under the influence of alcohol or drugs, causing serious bodily injury. This differs from the felony charge, which includes an added element of operating the vehicle in a “negligently, recklessly, or in a dangerous way.”
Serious bodily injury is defined as an action that creates a substantial risk of death, involves total disability, or involves loss of limb or substantial impairment of some bodily function.
A misdemeanor OUI – serious bodily injury carries these potential penalties:
- 5 years in jail
- Mandatory loss of license (2 years)
- A fine of $3,000
The felony charge carries a mandatory minimum of 6 months in jail, as well as these potential penalties:
- 6 months in jail up to 10 years in state prison
- Mandatory loss of license (2 years)
- A fine of $5,000
In order to receive these convictions, it must be proved beyond a reasonable doubt that you are guilty of operating a vehicle while under the influence. If you find yourself in this situation, it is vital that you act swiftly and with care. Be sure to contact a qualified law firm to represent you; you have the right to an attorney, and this is the way to ensure proper, effective representation.
Our Boston DUI and OUI attorneys have years of experience with these cases; as former prosecutors, many possess unique insight to the trial process. Coughlin Law Group’s criminal defense attorneys and DUI defense lawyers are committed to providing an experienced defense against a wide range of criminal charges. To schedule a free consultation, call 617-758-8888 or contact us online.