If you’ve been charged with Operating Under the Influence (OUI) Causing Serious Bodily Injury in Massachusetts, you’re facing severe penalties that could have a lasting impact on your life. A conviction may result in lengthy imprisonment, substantial fines, and the loss of your driver’s license. To protect your rights and fight for the best possible outcome, you need an experienced OUI defense attorney in your corner.
At Riccio Law, our skilled legal team has a proven track record of successfully defending clients against OUI charges involving serious injury. We understand the complexities of these cases and are committed to providing the aggressive, strategic representation you need during this challenging time.
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What is an OUI in Massachusetts?
In Massachusetts, you can be charged with OUI (Operating Under the Influence) if you operate a motor vehicle while impaired by alcohol or drugs. Notably, “operating” isn’t limited to driving. It can include:
- Sitting in the driver’s seat with the key in the ignition, even if the engine is off
- Turning on the engine to run the heater or listen to the radio
- Shifting the car into neutral, even with the key out of the ignition
- Any intentional manipulation that could cause the vehicle to move
Police can determine OUI based on:
- Breathalyzer tests showing a blood alcohol content (BAC) of 0.08% or higher
- Field sobriety tests and observations of the driver’s behavior
- Blood or urine tests after an arrest
Even if you’re pulled over for another reason, like a broken taillight, you can face OUI charges if the officer suspects impairment.
Serious Bodily Injury Under Massachusetts Law
In the context of OUI charges, serious bodily injury is defined as any injury that results in:
- Permanent disfigurement
- Loss or impairment of a bodily function, limb, or organ
- A substantial risk of death
- Total disability
Examples may include severe fractures, traumatic brain injuries, spinal cord damage, or internal organ injuries. Impairment refers to damage severe enough to significantly compromise the normal function of a body part or system.
Penalties for OUI Causing Serious Bodily Injury
The penalties for OUI Causing Serious Bodily Injury depend on whether you’re convicted of a felony or misdemeanor:
Felony
If the prosecution proves you operated negligently or recklessly:
- 6 months to 10 years in jail or state prison
- Fines up to $5,000
- 2-year driver’s license suspension
Misdemeanor
If negligence or recklessness can’t be established:
- Up to 2.5 years in jail
- Fines up to $3,000
- 2-year license suspension
Other Charges and Enhancements
When charged with OUI Causing Serious Bodily Injury, you may face additional charges or enhanced penalties based on factors like:
- Prior OUI convictions
- Driving with a suspended license
- Causing the injury while committing another traffic violation
- Having a child under 14 in the vehicle
- Allowing an unlicensed person to operate your vehicle
These enhancements can add years to your sentence and result in vehicle forfeiture or registration revocation.
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Riccio Law’s Approach to OUI Serious Injury Cases
When you’re facing OUI charges involving serious bodily injury, you need a defense team that will leave no stone unturned in fighting for your rights. At Riccio Law, our attorneys will:
- Thoroughly investigate your case to identify weaknesses in the prosecution’s evidence
- Analyze breathalyzer results, field sobriety tests, and alleged signs of impairment
- Determine if police followed proper protocols during your stop and arrest
- Negotiate with prosecutors to have your charges reduced or dismissed when possible
- Vigorously defend you at trial if necessary to protect your freedom
FAQs About OUI Causing Serious Bodily Injury in Massachusetts
What should I do if I’m arrested for OUI Causing Serious Bodily Injury?
Invoke your right to remain silent, request an attorney, and do not discuss your case with anyone except your lawyer. What you say can be used against you, so it’s crucial to have legal guidance before making any statements.
How long will my license be suspended if I’m convicted?
A conviction for OUI Causing Serious Bodily Injury carries a mandatory 2-year license suspension. However, your attorney may be able to help you obtain a hardship license for work or other essential needs.
Can I get an OUI Serious Injury conviction expunged from my record?
Unfortunately, Massachusetts does not currently allow expungement of OUI convictions. However, your lawyer can help you explore other options, such as sealing your record or early termination of probation, to minimize the long-term impact of a conviction.
Will I have to go to jail if convicted?
Jail time is a real possibility with these charges, but it depends on the specifics of your case. An experienced OUI defense attorney can work to negotiate a plea deal, argue for alternative sentencing, or fight for an acquittal at trial to help you avoid or minimize imprisonment.
Don’t Let an OUI Charge Jeopardize Your Future
If you or a loved one is facing OUI Causing Serious Bodily Injury charges in Massachusetts, time is of the essence. The decisions you make now can have a profound impact on your life for years to come. You need a skilled legal advocate who will fight tirelessly to protect your rights and secure the best possible outcome.
At Riccio Law, we understand the fear, stress, and uncertainty you’re experiencing. We’ve helped numerous clients in your situation take on these serious allegations and move forward with their lives. Our attorneys will be your dedicated allies, working diligently to build a strong defense and achieve a favorable resolution.
Don’t wait to get the aggressive legal representation you need. Contact Riccio Law today for a free and confidential consultation. We’ll review your case, explain your options, and start building your defense strategy. With offices in Quincy and Attleboro, we proudly serve clients throughout Massachusetts.
Call (617)-404-8878 or fill out our online form now to schedule your free case evaluation. Let us fight for you.
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