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Operating a motor vehicle while intoxicated is against the law in all 50 states. Whether this crime is called “driving under the influence” (DUI) or “operating under the influence” (OUI) is mostly a matter of location. Massachusetts uses the term OUI in a way that is essentially synonymous with what most other states refer to as a DUI. If you’ve been charged with an OUI, seeking the guidance of an experienced Concord drunk driving defense attorney can help protect your rights and provide a solid defense.
In Massachusetts, a criminal charge involving drunk or drugged driving is labeled as OUI, or operating under the influence. This crime is defined in Mass. General Laws c.90 § 24 as operating a motor vehicle with a blood alcohol concentration (BAC) level at or above 0.08 percent or “while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances.”
Massachusetts’ OUI law mimics what is known as a DUI in many other states. However, one key difference is that the term “operating” has a broader definition than “driving.” Rather than only referring to someone who is actually driving a motor vehicle, Massachusetts’ OUI law can apply if an individual is in control of a vehicle in any manner.
“Operating” a vehicle can include sitting in a parked car with the keys in the vehicle or even sleeping in the back seat. In this way, the Commonwealth’s OUI law is more strict than a traditional DUI statute. “Under the influence” means impaired by drugs, alcohol or any other substance in states that use OUI and DUI laws.
The penalties and sentencing for a drunk driving crime depend on the state rather than the name of the offense. Operating under the influence and driving under the influence share similar penalties that can change from state to state. Common consequences include:
The specific penalties for a first-offense OUI conviction in Massachusetts are a fine of $500 to $5,000, up to 2.5 years in jail, 1 year of license suspension and an alcohol education program. Aggravated offenses, felony OUIs and repeat offenders can face harsher penalties.
Most operating under the influence crimes in Massachusetts are classified as misdemeanor offenses. However, certain extenuating circumstances can enhance an OUI to a felony. With a felony conviction, you could lose certain constitutional rights, such as the right to vote and bear arms. Felony OUI crimes are also penalized with longer jail sentences and higher fines.
An OUI in Massachusetts may be enhanced from a misdemeanor to a felony if it is the individual’s third or subsequent OUI, if the offense involves serious injury or the death of another person, or if there was a child under the age of 15 in the vehicle at the time. OUIs involving extreme BAC levels, such as 0.15 percent or above, could also be enhanced to felony crimes.
If you have been arrested for allegedly operating under the influence in Massachusetts, don’t wait to contact a criminal defense attorney near you. An OUI/DUI defense lawyer can immediately go to work on building your case and protecting your rights.