DUI/OUI: What Happens When I am Charged With Serious Bodily Injury?

Being arrested and charged with an OUI/DUI is a very serious, scary, and potentially life-changing event. Even more consequential, though, is being charged with an OUI that results in serious bodily injury to another. If you are facing charges for serious bodily injury by motor vehicle while under the influence of an intoxicating substance, you need to call a lawyer immediately. Reach out The Law Offices of Paul R. Moraski today for a consultation. In the meantime, here’s what you should know about what happens when a person is charged with serious bodily injury–

Penalties for OUI with Serious Bodily Injury

A person who drives drunk or impaired and causes injury to another person will face serious consequences as a result. According to Section 24L of Massachusetts General Laws Chapter 90, causing serious bodily injury to another while under the influence will result in penalties of:

  • Imprisonment in the state prison for not less than 2.5 years and not more than 10 years, and 
  • Fine of not more than $5,000; or
  • Imprisonment in a jailhouse of correction for not less than six months and not more than two and a half years, and
  • Fine of not more than $5,000. 

The statute continues to read that no person who is convicted of serious bodily injury by motor vehicle while under the influence will be eligible for parole or probation until they have served at least six months of their sentence. 

What to Do After an OUI Arrest in Massachusetts

If you are arrested for an OUI with bodily injury, the potential consequences that you may face if convicted are severe. As such, it’s important that you understand your rights and what to do after an arrest. 

Importantly, exercise your right to remain silent by not speaking to arresting officers about the incident. While you should provide your name, you have a Constitutional right to remain silent and refrain from saying anything self-incriminating.

Next, you should exercise your right to contact an attorney. The sooner that you contact an attorney, the better. At the very least, you should contact an attorney before your arraignment hearing.

Your attorney will be responsible for reviewing the evidence that the prosecution has against you, including any blood/breath alcohol content (BAC) evidence. Your attorney may be able to discredit evidence or have it withheld from court. If your attorney believes that you have a strong case, they may recommend that you defend yourself against charges. Otherwise, your attorney may be able to negotiate with the prosecution to reach a plea bargain.

Call The Law Offices of Paul R. Moraski Today

One of the most serious charges you can face is a felony OUI with bodily injury offense. If you are convicted of a charge like this, you can count on your future being seriously disrupted. At The Law Office of Paul R. Moraski, our experienced Massachusetts criminal defense attorney knows what you’re up against and how much is on the line and will work hard to protect your best interests. To learn more, please call our law firm today at (978) 397-0011 or request a consultation online.