OUI/DUI with Injury

OUI with Serious Bodily Injury

Defending Against an OUI/DUI with Injury Charge

If you were involved in an accident that resulted in serious bodily injury due to an alleged OUI, you could be facing serious consequences. Massachusetts prosecutes these types of offenses harshly. M.G.L. c. 90, § 24L lays out the elements and penalties for this offense. The statute also defines serious bodily injury — it is bodily injury which creates a substantial risk of death, or that involves either total disability or the loss or significant impairment of some bodily function for a substantial period of time. Facing this type of charge can be stressful and overwhelming. It is critical that you have an experienced attorney to evaluate all of the facts in your case to identify the best possible defenses and challenges to your charges and then walk you through your legal options.

Elements of OUI with Serious Bodily Injury

Under Massachusetts law, OUI with serious bodily injury can be charged as either a misdemeanor or a felony, depending on the facts and circumstances of the case. In order to obtain a conviction at either level, the prosecution bears the burden of proving each element of the charge beyond a reasonable doubt. Elements are the components that make up a crime. For an OUI with serious bodily injury, the prosecution must prove the OUI and the additional element of causing serious bodily injury. At a minimum, the prosecution must show that you:

• operated a motor vehicle,
• on a public way,
• while under the influence of alcohol, and
• caused serious bodily injury

To sustain a felony conviction, the prosecution is further required to prove that you operated in a reckless or negligent manner so as to endanger the lives or safety of the public. M.G.L. c. 90, §24L(1). This requires more than simply showing that you caused an accident. You drive negligently when you fail to drive as a reasonable person would under the same circumstances. You drive recklessly when you do so with a conscious disregard for the risk of harm. Keep in mind that the prosecution bears a high burden, and there are many potential challenges to each element of the offense.

The best defense to a charge of OUI with serious bodily injury is to defeat the underlying OUI. For instance, the under the influence element can be difficult for the prosecution to prove, especially if there was no breath or blood test. Even if there was, there are ways to challenge the reliability of the chemical tests themselves. The lack of a chemical test removes the prosecution’s ability to try you based on under per se theory. Without a test, the prosecution is instead required to prove your impairment based on the observations of police officers.

If the prosecution cannot prove the OUI, you cannot be convicted of OUI with serious bodily injury. The attorneys at the Bernard Defense Team are at the forefront of OUI defense, with in-depth knowledge of all challenges and defenses available to help you fight this charge.

Penalties for OUI with Serious Bodily Injury

Under Massachusetts law, OUI with serious bodily injury can be charged as either a misdemeanor or a felony depending on the facts and circumstances of the case.

Penalties for a misdemeanor conviction include:

• Up to two and a half years in jail;
• Minimum fine of $3000;
• Or both; and
• Mandatory two year loss of license

Penalties for a felony conviction include:

• Minimum of six months up to ten years in jail;
• Fines up to $5000;
• Or both; and
• Mandatory two year loss of license

A felony conviction is serious, with the potential to have life-long impacts. It is imperative that you have an attorney with the knowledge and experience to support you through the court process and defend you against all the components of an OUI with serious bodily injury charges.

Attorneys with the Expertise to Fight for You

The Bernard Defense Team can represent you if you are facing OUI with serious bodily injury charges. It is important to have a knowledgeable advisor who can help you understand the charges brought against you and the potential penalties if convicted. We understand the stress and uncertainty that accompany this type of charge and will walk you through the legal process step-by-step. Our Massachusetts OUI/DUI lawyers will thoroughly examine your case to identify all possible defenses in order to obtain the best possible outcome for your case.