What is the difference between OUI and DUI in MA?

 

 

Both Driving Under the Influence (DUI) and Operating Under the Influence (OUI) refer to driving under the influence of alcohol.

In Massachusetts, however, the use of the specific term is important. While OUI is a general term, DUI refers to a felony offense.

DUI/OUI and Other Legal Terms

In Massachusetts, driving when drunk or under influence of alcohol is defined as an OUI. The first and second OUI offenses are misdemeanors, while the third and subsequent offenses are defined as Felony DUI.

In addition, first and second OUIs are defined as Felony DUI Offenses when serious bodily harm occurs. Serious bodily harm includes the possibility of death, loss of limb, or any disability that is total and permanent in nature. This offense carries a jail sentence of 6 months with the potential for a prison term of up to 10 years.

As is evident from the terminology, laws can be complicated and ever-changing.

OUI/DUI Penalties

In Massachusetts, drunk driving is penalized as OUI. Even the first offense is heavily penalized. There are several categories that determine the extent of penalty, but here is a quick look at a few:

• Presence of a child in the vehicle
• Levels of alcohol in the blood as tested by breath analyzing devices
• A blood alcohol content (BAC) over a certain percentage:
  • A level of 0.08% for drivers 21 years or older driving regular passenger vehicles.
  • A level of 0.04% for individuals driving a commercial vehicle.
  • A level of 0.02% for drivers who are 21 years or younger.

Call DUI Attorney Boston NOW!

An experienced attorney can help to determine how to deal with a DUI/OUI charge.

For most individuals, the law is a vast and unknown area. It is easy to get overwhelmed and not clearly evaluate all factors surrounding the charges. An experienced DUI attorney can help uncover issues such as:

• Was the vehicle speeding when asked to pull over?
• What was the reason given for subjecting the driver to a breathalyzer test?
• Were records of past charges or history of the driver taken into consideration?

It is vital that a DUI attorney, or even a criminal attorney for MA be approached when an individual is charged with OUI. Time is of the essence to enlist help in the form of reduced charges or even total elimination if there are insufficient grounds for it.

Call (855) 254-7841 for immediate assistance from professionals who not only understand legal complexities, but also understand your need for help when charged with OUI.