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*This article is for informational purposes only and should not replace legal representation
The answer to the question of whether or not an OUI is a felony is pretty straightforward but can change depending on a variety of circumstances. We will go through a few of the different ways that a charge of Operating Under the Influence (OUI) can be charged as either a misdemeanor or a felony. In Massachusetts, OUI laws can be pretty harsh, and the penalties increase based on all sorts of factors.
Whether you have been charged with a misdemeanor or a felony, it’s important that you get in touch with an OUI attorney as quickly as possible. As you’ll see in the following situations, a misdemeanor OUI in your past can have serious and damaging consequences if you are charged with another OUI at any point in your life. Your attorney will be able to manage your charges and the outcome of your trial in a way that will leave you with the most options for the future and give you help with how to navigate your life with these charges as you go forward.
When Is an OUI a Misdemeanor?
In Massachusetts, a first- or second-offense OUI is considered a misdemeanor, provided that there are no additional factors to the arrest that increase it to a felony. Below are the general sentencing guidelines for first- and second-offense misdemeanors:
First-Offense Misdemeanor OUI
For a first offense OUI with no additional circumstances that increase it to a felony, there is a maximum of 30 months in jail, $500 to $5,000 in fines, a one-year license suspension, and the possibility of a hardship license. Depending on your arrest, a good attorney may be able to get your case dismissed or reduce your penalties as much as possible in order to keep this from being a major issue for you.
Second-Offense Misdemeanor OUI
A second offense OUI is also a misdemeanor, but the penalties increase to 30 days to 30 months in jail, $600 to $10,000 in fines, and a 2-year license suspension. In addition, offenders will be required to use an Ignition Interlock Device for two years after they get their license back.
OUI Child Endangerment
If you are charged with OUI and have a child in your car under the age of 15, you may be charged with Child Endangerment in addition to OUI, which comes with minimum sentences and increased fines. Subsequent OUIs with child endangerment may be elevated to felony sooner than if there was not a child in the vehicle. You will not be allowed to apply for a hardship license with this charge, and these charges may not be continued without a finding.
When Is an OUI a Felony?
Third-Offense OUI
After two OUI charges, you may be automatically charged with a felony and will face increased penalties such as 150 days to 5 years incarceration, up to $15,000 in fines, and an 8-year license suspension. You will be required to install a Breath Alcohol Interlock Ignition Device for 2 years after getting your license back.
Fourth-Offense OUI
Felony charges include 1 to 5 years in jail, fines up to $25,000, and a 10-year license suspension. You will additionally be required to install a Breath Alcohol Interlock Ignition Device for 2 years after getting your license back.
Fifth-Offense OUI
A fifth-offense OUI bars the offender from the possibility of even getting their license back, in addition to 2 to 5 years in jail and fines of up to $50,000.
OUI Where Serious Injury Or Death Occurred
If your OUI caused serious injury or death, it is likely that your charges will be elevated to felony regardless of how many prior OUIs you have had. If applicable, your attorney will work to prove that the accident was not your fault, which makes the OUI and accident two separate incidents. Your specific defense will vary depending on your situation.
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This content is sponsored by Khalid Irfan.
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