From 2003-2012, the Center for Disease Control (CDC) reported that 1,370 people were killed in auto accidents involving a drunk driver in Massachusetts alone. Moreover, as of 2016, the CDC has indicated that 28%, 10,497, of traffic accident fatalities nationwide involved an alcohol-impaired driver. These statistics can help us understand why Massachusetts is home to some of the harshest driving under the influence (DUI) laws in the nation. If you are convicted, a DUI, which is referred to as operating under the influence (OUI) under Massachusetts law, will stay on your criminal record forever, assuming that you did not enter a pre-trial diversion program or petition the court to have your records sealed.
However, your criminal record will not be the only thing an OUI could potentially damage. An OUI conviction, even your first, will stay on your driving record for ten years. This means that you will potentially have to pay more for auto insurance for a decade as a result of one lapse in judgement.
Penalties for OUI in Massachusetts
If you’re being charged with OUI for the first time, it’s usually a misdemeanor. Mass.Gen.Laws ch.90§24 establishes the criteria needed to charge you with OUI and the possible sentences that could be imposed on you if convicted. The age, type of vehicle, and blood alcohol content (BAC) level needed to charge a person with DUI is listed below:
- Age 21 or older driving a non-commercial vehicle-BAC level .08%
- Under age 21 operating a non-commercial vehicle-BAC level .02%
- Anyone operating a commercial vehicle-BAC level .04%
You can face a number of different sentences after a DUI conviction, which vary greatly depending on your age, criminal history, and driving record. Possible OUI sentences include a fine of $500 to $5,000, up to two and a half years in jail, or a combination of both. Moreover, your driver’s license can be suspended for up to one year.
Repeat Offenders
Like many states, Massachusetts has enacted enhancement statutes to enforce harsher sentences on repeat OUI offenders. For example, after your second DUI conviction, you could face 60 days to 2½ years in jail, a fine of $600 to $10,000, and having your license suspended for up to two years. Each previous OUI conviction will increase the potential jail or prison sentence, fines, and length of license suspension that could be imposed on you by a judge.
Can an OUI on my Criminal Record be Sealed in MA?
If you have been convicted of OUI once, you do have some legal options available to minimize the long-term effects a DUI conviction can have on your future. Mass.Gen.Laws ch.276§100A codifies the criteria for who can petition a court to have their criminal record sealed. OUI is an offense that is eligible for sealing, but the rules governing when you can petition a court to seal your record vary depending on a number of different legal factors that are unique to each case.
Additionally, regardless of how many past DUI convictions you have at the time of your arrest or if it’s you first time being arrested for DUI, you should always consider hiring a Criminal Defense Lawyer in Boston, MA. Since the sentences imposed on a DUI offender vary so significantly, a DUI lawyer can help you try to get the best possible sentence in your situation or get the DUI charge dismissed entirely.
