Felony OUI in Massachusetts

Finding yourself facing charges for felony OUI in Massachusetts is easier than you might think. While most people associate the word “felony” with a serious, violent crime, this isn’t a necessary element when it comes to MA OUI charges.

Simply being a subsequent offender is enough to take your OUI from a misdemeanor to a felony with life-altering consequences.

You need an experienced, aggressive felony OUI attorney like Courtney K. Fogarty of Fogarty Law to fight for your rights and protect your future. Call (508) 317-0339 to learn more about how her 10+ years of successful experience can make all the difference in your case.

What is Considered a Felony OUI in Massachusetts?

Per state law, you may be charged with a felony OUI in Massachusetts if any of the following are true:

• You’ve had two (or more) prior OUI/DUI convictions
• Death or serious bodily injury of another person occurred

You should also keep in mind that, unlike other states, MA has a lifetime look-back period. This means no matter how long ago your prior DUI/OUI convictions were, they can result in you facing charges for felony OUI in Massachusetts.

Penalties for Felony OUI in Massachusetts

In Massachusetts, a felony is any crime punishable by death or a sentence in a state prison facility. As a result, felony OUI in Massachusetts refers to several different charges—each with its own penalties, as you’ll see below.

For a third OUI offense, the potential penalties are:

• Minimum 150 days in prison, up to 2.5 years
• Minimum $1,000 fine, up to $15,000
• Driver’s license suspension for up to 8 years
• Minimum 2-year wait before applying for hardship license
• Mandatory installation of ignition interlock device

If this would be your fourth OUI conviction, the consequences include:

• Minimum 1 year in prison, up to 5 years
• Minimum $1,500 fine, up to $25,000
• Driver’s license suspension for up to 10 years
• Minimum 5-year wait before applying for hardship license
• Mandatory installation of ignition interlock device
• Mandatory 90-day inpatient alcohol rehabilitation program

For a fifth OUI, you may be sentenced to:

• Minimum 2.5 years in prison, up to 5 years
• Minimum $2,000 fine, up to $50,000
• Lifetime driver’s license suspension
• No eligibility for hardship license at any point

If serious bodily injury occurred, your penalties may be:

• Minimum 2.5 years in prison, up to 10 years
• Up to $5,000 in fines
• Driver’s license suspension for up to 2 years

If a minor aged 14 years or younger was in the vehicle at the time of the OUI, you will also be charged with child endangerment while operating a motor vehicle. The additional penalties for this charge include:

• Minimum 90 days in jail, up to 2.5 years
• Minimum $1,000 fine, up to $5,000
• Driver’s license suspension for 1 year

Potential MA Felony OUI Defense Strategies

Generally, there are two main defense strategies for felony OUI in Massachusetts. The first is to attack the prosecution’s evidence and handling of said evidence. For example, maybe your breathalyzer test wasn’t performed correctly or your blood alcohol samples were improperly stored.

Second, we can present our own evidence to disprove the Commonwealth. Expert witnesses and testimony can be extremely powerful for disproving the prosecution’s allegations.

Ultimately, you need the best felony OUI attorney to determine how to effectively defend your case and secure the most favorable possible outcome. You can’t just pick the first result you find after searching for a “felony OUI lawyer near me in MA.”

With 10+ years of successful experience defending clients facing felony charges, Courtney K. Fogarty will conduct a detailed, independent investigation into your case. From there, she’ll build a custom defense strategy suited to your unique situation.

You Need an Aggressive, Experienced MA Felony OUI Attorney to Fight for You

Getting charged with felony OUI can alter the trajectory of your life for years to come. If convicted, you face some amount of mandatory time in a state prison facility—plus thousands of dollars in fines and the suspension of your driver’s license.

This isn’t something you can deal with quietly. Even if the Commonwealth offers you a plea bargain, you’ll almost definitely still serve time in prison.

You need an aggressive, highly knowledgeable MA felony OUI attorney like Courtney K. Fogarty to take a close look at the details of your case and craft a custom defense strategy. Otherwise, your future is likely to unfold much differently than what you’ve planned for.

If you or a loved one have been charged with felony OUI in Massachusetts, call (508) 317-0339 for your free consultation.

FAQs About Felony OUI in Massachusetts

Can drug impairment result in a felony OUI charge?

Yes, drug impairment can result in a felony OUI charge in MA. Under Mass. Gen. Laws ch. 90 § 24, you can be charged under the same guidelines used for alcohol if you’re under the influence of:

• Marijuana
• Narcotic drugs
• Depressants and/or stimulants
• Inhaled fumes from a toxic substance

So, if you’re charged with OUI resulting from drug impairment in MA, and you have two or more previous OUI convictions, you’ll be facing a felony OUI charge. This is true no matter how many of the convictions were alcohol-related versus drug-related.

How long does a felony OUI stay on your record in Massachusetts?

A felony OUI stays on your record in Massachusetts for your entire life. Unless you successfully get the charge sealed or expunged, it will never go away.

However, for most employment and housing-related background checks, the felony will typically be visible for 10 years.

Said another way, for the next decade, your OUI charges can impact:

• Employment opportunities
• Your ability to drive on the job
• Housing options
• Child custody and divorce proceedings
• College admissions and scholarships
• Your ability to hold professional licenses
• Car insurance rates and carriers

Can a felony OUI charge be expunged from your record in MA?

Yes, it’s technically possible for a felony OUI to be expunged from your record in MA, but it’s extremely rare. Achieving this is more likely if any of the following are true:

• Your ID was used falsely or without authorization, and you didn’t commit the OUI
• Errors were made by law enforcement
• Expert and/or civilian witnesses are proven to be incorrect
• Mistakes were made by employees of the court
• Fraud was carried out upon the court

Furthermore, submitting an expungement application never guarantees the request will be granted.

If you truly want to put the OUI behind you—and prevent it from impacting your future—you should pursue dismissal of the charges by building a powerful felony OUI defense.

The best way to do this is by working with an aggressive, experienced, and highly knowledgeable felony Massachusetts DUI attorney like Courtney K. Fogarty of Fogarty Law. If you or a loved one are facing charges for felony OUI in Massachusetts, call (508) 317-0339 now for your free consultation.