Operating Under the Influence Causing Serious Bodily Injury
Massachusetts OUI Injury Lawyer
Boston Drunk Driving Injury Attorney
In Massachusetts, there are two different ways to be charged with operating under the influence causing serious bodily injury. These two variations of the offense are similar, but one is a felony and one is a misdemeanor. A conviction under either provision carries a mandatory 2 year license loss from the RMV.
Under the felony provision, which carries a minimum mandatory of 6 months in jail and up to 10 years in state prison, $5,000 fine, the Commonwealth must prove each of the following elements- that you did:
- Operate a motor vehicle
- on a public way, or a way to which the public has the right of access
- under the influence of alcohol or drugs
- in a negligent or reckless way so as to risk harm to others
- causing serious bodily injury to another person
Under the misdemeanor provision of this statute, the elements are the same, except that the Commonwealth does not need to prove that you operated in a negligent or reckless manner. This provision does not have a mandatory minimum jail sentence, but it does carry up to 2 1/2 years in jail and $300 fine. If you are facing a charge under this statute, or if you believe you could potentially be facing such a charge, it is important to speak with a skilled criminal defense attorney as soon as possible.
If you have been charged with OUI- Serious Bodily Injury, contact our office immediately: