Massachusetts Drunk Driving Charges: Misdemeanor vs. Felony Offenses
Introduction:
Massachusetts takes a tough stance on drunk driving, and understanding the legal distinctions between misdemeanor and felony offenses can be crucial for anyone facing such charges. In this blog post, we’ll delve into the specifics of Massachusetts drunk driving laws, highlighting the differences between misdemeanor and felony DUI offenses and the potential consequences of each. If you or a loved one is dealing with drunk driving charges, it’s essential to have a clear understanding of what lies ahead.
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Eighty Percent (80%) of my trials.*
Section 1: Massachusetts Drunk Driving Laws
Massachusetts has strict laws in place to combat drunk driving and ensure public safety. The legal limit for blood alcohol concentration (BAC) in the state is 0.08%. This means that if you are found operating a motor vehicle with a BAC at or above this limit, you can be charged with drunk driving. Keep in mind that penalties can vary depending on your BAC level and whether it’s your first offense or not.
Section 2: Misdemeanor Drunk Driving Charges
Misdemeanor drunk driving charges typically apply to first-time offenders or those with relatively low BAC levels. While the penalties for misdemeanor DUIs can still be significant, they are less severe than those for felony offenses. Some consequences you may face include:
Fines: First-time offenders can expect to pay fines, which can range from several hundred to several thousand dollars.
Probation: In addition to fines, you may be placed on probation, which involves regular check-ins and compliance with specific conditions.
License Suspension: A first-time DUI offense often results in a license suspension ranging from 45 days to 1 year.
Alcohol Education Programs: Massachusetts may require you to complete a mandatory alcohol education program, which can last several weeks.
Ignition Interlock Device (IID): In some cases, you may be required to install an IID in your vehicle, which prevents it from starting if alcohol is detected on your breath.
Section 3: Felony Drunk Driving Charges
Felony drunk driving charges are much more serious and carry severe consequences. Some circumstances that can elevate a DUI offense to a felony in Massachusetts include:
Multiple Offenses: If you have prior DUI convictions on your record, a subsequent DUI arrest may be charged as a felony.
Causing Bodily Harm: If your drunk driving leads to an accident resulting in serious injuries to another person, you could face felony charges.
Vehicular Homicide: If your DUI results in someone’s death, you may be charged with vehicular homicide, which is a felony.
Felony DUI convictions can lead to:
Lengthy Prison Sentences: Felony DUI convictions can result in substantial prison time, sometimes up to several years.
Permanent License Revocation: You may lose your driver’s license permanently.
Significant Fines: Felony DUI fines can be substantial, reaching thousands of dollars.
Probation: Felony DUI offenders may also be subject to probationary periods and mandatory alcohol treatment programs.
Conclusion:
Understanding the difference between misdemeanor and felony drunk driving charges in Massachusetts is crucial, as the consequences can be life-altering. If you’re facing DUI charges, seeking legal representation from an experienced criminal defense attorney is essential. An attorney can assess your case, build a strong defense, and work towards minimizing the potential consequences. Remember that this blog post serves as a general guide and should not be considered legal advice. Consulting with a qualified attorney is always recommended when facing criminal charges.
If you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162.
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