Boston Felony OUI Defense Attorneys

Facing a Felony OUI Charge in Massachusetts? Cal (617) 941-3666

If you are charged with a felony OUI, you must retain an experienced attorney. The stakes are too high to risk going without an attorney. You may be facing years of jail time and thousands of dollars in fines. DeGiacomo & Mikhlin, P.C. can help. We have been practicing law for nearly a decade and have handled hundreds of cases. We know how to defend against felony OUI charges and can help you fight felony OUI penalties.

Schedule a free initial consultation with our Boston felony OUI lawyer by calling (617) 941-3666 or contacting us online. Also serving Brockton, MA.

Types of Felony OUI Charges in Massachusetts

While first and second OUIs are generally misdemeanor offenses in Massachusetts, when a driver has two or more prior convictions, the subsequent offense will be charged as a felony.

Keep in mind, Massachusetts has a lifetime lookback period. Therefore, all prior DUI convictions will be taken into account for sentencing purposes.

The following are the common types of felony offenses in MA:

• Third OUI - The penalties for a third OUI with two prior OUI convictions within the past 10 years are much harsher than the penalties for a third OUI with no prior OUI convictions. The penalties for a third OUI with two prior OUI convictions within the past 10 years will be a $1,000-$15,000 fine, up to five years imprisonment, and an eight-year license suspension. The driver will also be required to install an ignition interlock device in their vehicle for up to 10 years.
• Fourth OUI - If the driver has three prior OUI convictions within the past 10 years, the penalties for a fourth OUI will be a felony, punishable by a $2,000-$25,000 fine, up to 10 years in jail, and vehicle forfeiture.
• OUI with a serious injury - If an OUI involved a serious bodily injury to another person, the offense is considered a felony that carries up to 10 years imprisonment and fines of up to 5,000.
• OUI with death - If an OUI involved a fatality, this felony offense is punishable by a maximum prison sentence of 15 years and fines of up to $5,000.

Long-Term Implications of a Felony OUI Charge

Being charged with a felony OUI can have serious repercussions that extend far beyond the courtroom. It's essential to understand the long-term implications of a conviction, which can affect various aspects of your life, including employment opportunities, housing options, and personal relationships.

Here are some critical factors to consider:

• Criminal Record: A felony conviction will result in a permanent criminal record, which can hinder job prospects and professional licensing.
• Increased Insurance Rates: A felony OUI can lead to significantly higher car insurance premiums or even the inability to obtain coverage.
• Loss of Driving Privileges: You may face a lengthy suspension of your driver's license, impacting your daily life and employment.
• Employment Challenges: A felony record can hinder job opportunities and career advancement, as many employers conduct background checks.
• Rehabilitation Programs: Many individuals are required to complete rehabilitation programs, which can be time-consuming and costly.

If you are facing felony OUI charges in Massachusetts, it is critical to take immediate action and consult with a skilled Boston felony OUI defense attorney. The sooner you involve a lawyer in your case, the better your chances of avoiding severe penalties and securing a favorable outcome.

How Do You Beat an OUI in Massachusetts?

To beat a DUI (OUI) charge in Massachusetts, you must challenge the evidence presented by the prosecution. Common defense strategies include questioning the validity of the traffic stop, arguing that the officer lacked reasonable suspicion or probable cause. You may also challenge the accuracy of breathalyzer or blood tests, which can be affected by equipment malfunction, improper calibration, or procedural errors. 

Additionally, field sobriety tests are subjective and may be influenced by factors such as physical conditions or anxiety. A skilled Boston felony OUI defense attorney can examine the circumstances surrounding your arrest, scrutinize the prosecution's evidence, and argue that the charges should be reduced or dismissed based on weaknesses in their case.

Can You Get an OUI Removed From Your Record in Massachusetts?

In Massachusetts, it is difficult to have a DUI (OUI) removed from your record. A conviction for operating under the influence typically remains on your criminal record for life. However, there are certain circumstances under which you may be able to reduce the impact of an OUI conviction. 

For example if you were convicted of a first offense OUI and meet specific criteria, such as successfully completing a court-ordered treatment program, you may be eligible for a "sealed" record after a certain period. This would make the conviction not visible to most employers or the general public, but it still exists on your record. 

Additionally, there may be opportunities for an appeal or to challenge the conviction if there were procedural errors during the trial. However, getting the OUI entirely removed from your record is not a typical option under Massachusetts law.

Get the Legal Support You Need for Your Felony OUI Case in Boston and Brockton, MA

Due to the severity of the penalties for a felony OUI, it is imperative to obtain experienced legal representation. Do not hesitate to let our firm stand by your side inside and outside the courtroom and protect your rights and future.

Contact us online today or call at (617) 941-3666 to discuss your case with our Boston felony OUI attorneys and learn about all your legal options.