In Massachusetts, drunk driving is known as “OUI” or Operating Under the Influence. This is the same thing as DUI or DWI. In Massachusetts, even a first offense OUI is serious, carrying a risk of up to two and half years in jail. However there also common alternative sentences under G.L. c. 90 § 24D. Often an arrest for OUI is someone’s first and only involvement in the criminal justice system, and having a lawyer to guide you through the process is imperative.
If a person has been convicted of, or even previously admitted to, an OUI in Massachusetts or another state, a charge of a second offense OUI carries stepped up penalties. This could include inpatient alcohol treatment or additional jail time. There are also important considerations regarding the age of the past OUI, especially if it was more than ten years ago.
If you have been charged with a third or subsequent OUI, you are now facing a felony record and mandatory minimum jail time. You would be entitled to two separate trials to determine whether you committed an OUI, and whether there is proof of your past convictions. Apart from having multiple prior OUI’s on your record, there are other circumstances where an OUI charge could be a felony, such as if you were involved in an accident involving serious bodily injury or death. You should not face these charges without an experienced OUI lawyer by your side.
For any OUI charge, the case can be proven either under an “impairment” theory, or a “per se” theory. Under an impairment theory, the District Attorney must prove that a person’s ability to drive was diminished by alcohol. The per se theory only requires proof that your blood alcohol content was .08% or higher. The District Attorney can proceed on either, or both, theories, and both have different defenses and strategies that an OUI attorney can assist you with.
Apart from drunk driving, it is also a crime in Massachusetts to drive under the influence of certain drugs. This charge is equally serious and presents different challenges than an OUI-liquor charge. An attorney with knowledge of this offense specifically is important to have on your side, especially where the District Attorney may intend to produce expert witnesses to prove that you were under the influence of a specific drug.
