Is a DUI a Felony in Massachusetts?
In the state of Massachusetts, driving under the influence (DUI) is considered a serious offense, and the consequences can be severe. However, the question remains: is a DUI a felony in Massachusetts? The answer is no, but it’s not entirely straightforward. In this article, we’ll delve into the laws and penalties surrounding DUI in Massachusetts, and explore the situations in which a DUI can be charged as a felony.
What is a DUI in Massachusetts?
In Massachusetts, a DUI is defined as operating a motor vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol content (BAC) is .08%, which means that if a driver’s BAC is at or above this level, they can be charged with a DUI.
Types of DUI Charges in Massachusetts
There are three main types of DUI charges in Massachusetts:
- OUI (Operating Under the Influence): This is the most common type of DUI charge, and it’s typically filed when a driver’s BAC is above the legal limit.
- OUI-Learner’s License: This charge is filed when a driver with a learner’s permit or junior operator’s license is caught driving under the influence.
- OUI-Drugs: This charge is filed when a driver is impaired by drugs, rather than alcohol.
Penalties for a DUI in Massachusetts
The penalties for a DUI in Massachusetts depend on the severity of the offense and the driver’s prior record. Here are some general penalties:
- First-time offender: A first-time offender can face:
- Up to 2 1/2 years in jail
- A fine of up to $5,000
- License suspension for 1-3 years
- Mandatory ignition interlock device (IID) installation
- Second-time offender: A second-time offender can face:
- Up to 5 years in jail
- A fine of up to $10,000
- License suspension for 2-5 years
- Mandatory IID installation
- Third-time offender: A third-time offender can face:
- Up to 10 years in jail
- A fine of up to $20,000
- License suspension for 3-10 years
- Mandatory IID installation
When is a DUI a Felony in Massachusetts?
A DUI can be charged as a felony in Massachusetts in the following situations:
- Causing Serious Bodily Injury: If a driver causes serious bodily injury to another person while driving under the influence, they can be charged with a felony.
- Causing Death: If a driver causes the death of another person while driving under the influence, they can be charged with a felony.
- Third or Subsequent Offense: If a driver has two or more prior DUI convictions, and they are caught driving under the influence again, they can be charged with a felony.
Here is a table summarizing the felony DUI charges in Massachusetts:
| Situation | Penalty |
|---|---|
| Causing Serious Bodily Injury | Up to 5 years in jail, fine up to $10,000 |
| Causing Death | Up to 10 years in jail, fine up to $20,000 |
| Third or Subsequent Offense | Up to 10 years in jail, fine up to $20,000 |
Conclusion
In conclusion, a DUI is not a felony in Massachusetts unless it meets one of the specific circumstances outlined above. While the penalties for a DUI can be severe, it’s important to understand the laws and procedures surrounding DUI charges in the state. If you or someone you know has been charged with a DUI, it’s essential to seek legal advice from an experienced attorney who can help navigate the legal system and achieve the best possible outcome.
