Providing You With Aggressive OUI Defense to Protect Your Rights and Freedom

If you have been arrested for an OUI that also resulted in an accident, you must seek qualified legal representation immediately. In Massachusetts, an OUI accident conviction can result in significant penalties such as a permanent criminal record and remain on your driving record.

If your OUI accident resulted in serious bodily injury or death or you have prior convictions, it could be charged as a felony. If you are convicted of a felony, you face the risk of being sentenced to serving time in state prison.

Our law firm recognizes that police officers and prosecutors do not always get it right. One of the best steps to protect your future and freedom is to hire an experienced attorney. Contant Law P.C. of Woburn, MA, is a criminal law firm dedicated to helping clients when they need it most. Contact our law offices today to schedule a free case evaluation and learn more about how we can help.

What is an OUI Accident?

In Massachusetts, an individual may be arrested for an OUI accident if they are operating a motor vehicle under the influence of drugs or alcohol. The term OUI stands for operating under the influence, synonymous with DUI.

State law dictates that a person may be charged with an OUI if their blood alcohol content (BAC) registers at .08% or higher, their ability to drive safely is impaired by alcohol, or if they are driving under the influence of illegal or controlled substances.

If the OUI accident involved serious bodily injury, a defendant could face up to a sentence of two and a half years in prison and a steep fine. Massachusetts defines serious bodily injury as that which includes the loss of a limb, impairment of bodily function, or creates a substantial risk of total disability or death.

State prosecutors take a dim view of drunk driving offenses, especially if there was an accident or serious bodily injury. Massachusetts DUI charges, especially those involving an accident, can be complex and require the help of a qualified attorney who will present a strong defense. If you have been charged with an OUI accident, allow our skilled DUI lawyers to review your case.

What are the Criminal Penalties for an OUI Accident Conviction?

The criminal penalties for an OUI accident depend on the circumstances involved in the case. If you caused an accident while under the influence, you face a possible one-year license suspension, a fine ranging from $500 to $5,000, and possibly being ordered to serve jail time. You will also be ordered to pay a $250 head injury fee to the Head Injury Treatment Services Trust Fund, which assists individuals who have suffered brain injuries. Just as without OUI DUI charges, penalties increase for subsequent charges.

Individuals accused of an OUI accident offense that resulted in the victim suffering serious bodily injury may be charged with a misdemeanor or felony, depending on the facts of the case. Penalties for a misdemeanor include up to two and a half years in jail, a minimum fine of up to $3,000, and a two-year license suspension.

For felony OUI accidents with bodily injury, a defendant may be sentenced to six months to 10 years in state prison, a fine of up to $5,000, and a two-year license suspension.

Are There Any Legal Defenses to Fight OUI Accident Charges?

Many defendants charged with an OUI accident offense mistakenly believe there are no legal defenses that can help fight their charges. However, there are several possible defenses that a DUI lawyer can use to help clients charged with OUI offenses.

Some of the most common legal defenses used to fight OUI arrests include:

• Illegal stop: An attorney will review the evidence and may be able to determine that the officer did not have probable cause to stop you
• Illegal search: If your attorney may find evidence that demonstrates your constitutional rights were violated
• Improperly administered field sobriety tests: Dash and body cam footage may demonstrate the police officer incorrectly administered field sobriety tests
• Errors in administering breathalyzer test: The breathalyzer may not have been appropriately calibrated, or the officer administered the test incorrectly

Suppose the case must go to trial to be resolved. In that case, a defense attorney may also be able to create reasonable doubt that the accident occurred due to intoxication or present evidence that the breath or blood test was conducted too late to be accurate.

What Makes Your Criminal Defense Attorney the Best Choice to Handle My OUI Accident Case?

Contant Law P.C. has successfully defended OUI cases for clients and knows what it takes to get favorable results. Our criminal defense attorneys recognize that dealing with criminal proceedings can feel overwhelming, and we are here every step of the way to help you navigate the Massachusetts court process.

If we agree to take your case, we will evaluate the state’s evidence professionally to determine whether it should be dismissed or suppressed. Based on this information, we will create an innovative defense strategy that refutes the state’s case.

Our defense attorneys are skilled negotiators and fearless advocates for our clients’ rights. We will work with the prosecutor to reach a fully favorable deal for you. If the prosecution is unwilling to negotiate, our attorneys are prepared to take the case to trial and work to create reasonable doubt with the jury.

If you have been charged with OUI, you need a criminal defense team that will fight to protect your rights, freedom, and reputation. Contact Contant Law P.C. at our Woburn, MA, law offices at (617) 221-8221 to schedule a free, no-obligation consultation so we can begin working on your defense.