OUI/DUI Causing Serious Injury

A person who operates a motor vehicle while under the influence of drugs or alcohol and, as a result, causes serious bodily injury to another, may also be charged with an enhanced criminal drunk driving offense

The crime of Operating Under the Influence of Drugs or Alcohol Causing Serious Serious Bodily Injury is punishable with imprisonment for not less than 2.5 years and up to 10 years in state prison; or for not less than 6 months and up to 2.5 years in the house of corrections.

Under this drunk driving crime, “serious bodily injury” means bodily injury that creates a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time. In other words, if a person suffered what may be described as minor injuries, this offense should not be charged. The statute contemplates serious injuries such as broken limbs; loss of eye vision; paralysis. Ultimately, assuming there is probable cause for the issuance of this charge, whether the injury suffered is a “serious bodily injury” is a question of fact for the jury to be determined at trial.
Drunk driving crimes such as this are very fact intensive and complex in relation to the applicable legal nuances. As with most crimes, you should consult with an experienced criminal defense lawyer who knows and understands the law and who can best defend your rights.

Massachusetts Drunk Driving Lawyer Lefteris K. Travayiakis is available 24/7 for consultation.

To schedule a Free Consultation, Click Here to Contact a Boston DUI / OUI Lawyer or call 617-325-9500.