Operating under the influence (OUI) is a serious offense in Massachusetts, and in certain situations, it can escalate from a misdemeanor to a felony. Understanding when an OUI becomes a felony can help you grasp the severity of the charges and their potential consequences.
Third or subsequent offenses
In Massachusetts, a third OUI offense or any subsequent offense automatically becomes a felony. The penalties increase significantly, including mandatory jail time, higher fines, and longer license suspensions. A felony OUI conviction can also result in the installation of an ignition interlock device.
OUI with serious injury
If an OUI accident causes serious bodily injury to another person, the charge becomes a felony. Serious injury is defined as any harm that results in permanent disfigurement, loss of bodily function, or a significant risk of death. This felony charge carries harsher penalties, including potential prison time.
OUI manslaughter
Operating under the influence that leads to the death of another person is charged as OUI manslaughter, which is a felony. This charge carries severe penalties, including significant prison time and substantial fines.
Child endangerment while operating under the influence
Driving under the influence with a child under the age of 14 in the vehicle can also elevate the charge to a felony. This offense is taken seriously because it puts a vulnerable individual at risk.
Aggravating factors
Additional circumstances, such as having a very high blood alcohol concentration (BAC) or driving recklessly during the offense, can result in harsher penalties. While these may not directly elevate the charge to a felony, they can lead to more severe consequences.
An OUI can quickly escalate to a felony under certain conditions. Understanding these factors can help you recognize the seriousness of OUI laws in the state and the importance of making responsible choices.
