Getting charged with OUI is bad enough…don’t make it worse by making any of the serious mistakes below. From excessively high blood alcohol content (BAC) to driving drunk with children in the car, there are many aggravating factors that can turn your OUI from a bad mistake to extended time behind bars. You could even end up facing felony charges.
Massachusetts, and most other states, have zero tolerance laws for underage OUI offenders. While 0.08 percent BAC is the legal limit for individuals 21 and over, anyone under 21 will fail a breath or blood test with a BAC of 0.02 percent or higher. Considering that even one drink can elevate a person’s BAC to 0.02 percent, those under 21 should avoid driving after any amount of alcohol. Further, if an underage person refuses to submit to a breath test, he/she will face a three-year driver’s license suspension.
Second and Subsequent OUIs
As far as the courts see it, you should have learned your lesson the first time. If you’ve already been convicted of OUI and you are charged with a second or subsequent offense, you’ll be facing higher fines, a longer license suspension, the installation of an ignition interlock device (IID), and probably even jail time, at a minimum. If this is your third or greater offense, you may be looking at a felony conviction, and you’ll almost certainly spend time behind bars. A Boston OUI defense attorney can help you protect your rights if you’ve been charged with a second or subsequent OUI.
Driving while intoxicated endangers everyone with whom you share the road, especially those in your vehicle. And if children are present, you will face some of the stiffest penalties possible. According to the National Highway Traffic Safety Administration (NHTSA), alcohol is a factor in nearly one in five traffic deaths involving a child age 14 or younger. In addition to hefty fines, license suspension or revocation, and jail time, your child custody rights may be in jeopardy if you are convicted of OUI with a child in the vehicle.
If you seriously injure or kill another person while operating a motor vehicle under the influence of drugs or alcohol, the potential penalties are severe. In such a situation, it is imperative to get immediate legal help. In 2005, Massachusetts passed Melanie’s Law to increase penalties and license suspension periods for individuals convicted of drunk driving. The law states that anyone who commits manslaughter while driving drunk or under the influence of drugs will be subject to a mandatory minimum sentence of five years in prison. The maximum sentence is 20 years imprisonment and a $25,000 fine.
According to the Foundation for Advancing Alcohol Responsibility, in Massachusetts, 8,541 people were arrested for driving under the influence in 2012. That’s 700 arrests per month! Do yourself, and everyone with whom you share the road, a favor—don’t drink and drive. But if you made a mistake, it’s in your best interest to consult with a MA OUI defense attorney immediately. Continue reading