Lawyers In Massachusetts

Massachusetts OUI Law

Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension, steep fines, and even jail. In Massachusetts operating under the influence (OUI), also known as driving under the influence (DUI), results in mandatory driver’s license suspension.

Below is a sample case of OUI in Massachusetts as interpreted by a lawyer in our firm.

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Derrick v. Commonwealth

Facts:

A single justice referred to the full court the Commonwealth's petition, filed in the Supreme Judicial Court, Boston (Massachusetts), in which it sought to have set aside certain partial verdicts rendered in defendant's prosecution for vehicular homicide and operating under the influence (OUI) causing serious bodily injury.

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Holdings:

The Massachusetts Court made the following holding:

• The offense of motor vehicle homicide, Mass. Gen. Laws ch. 90, § 24G(a), requires proof that the defendant was both under the influence of liquor and operating recklessly or negligently so as to endanger, and that such operation caused the victim's death. The statute goes on to identify two misdemeanor crimes of motor vehicle homicide, one predicated on driving while under the influence of liquor or drugs, the other on driving recklessly or negligently so as to endanger, and thereby causing the death of another. Mass. Gen. Laws ch. 90, § 24G(b).
• The offense of operation of a motor vehicle while under the influence of liquor causing serious bodily injury, pursuant to Mass. Gen. Laws ch. 90, § 24L(1), requires proof that the defendant was both under the influence of liquor and operating recklessly or negligently so as to endanger, and that such operation caused serious injury to the victim. That statute provides for only one form of misdemeanor, the crime of operating while under the influence of liquor causing serious bodily injury. Mass. Gen. Laws ch. 90, § 24L(2).

An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. The lawyers in our law firm have the necessary experience to assist you with this matter.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

• Under Mass. Gen. Laws ch. 263, § 6, a defendant who wishes to waive a jury trial must do so before the jurors are empaneled.
• The penalty prescribed by Mass. Gen. Laws ch. 94C, § 34, for unlawful possession of marihuana is not more than 6 months in the house of correction or a fine of $ 500, or both.

• Mass. Gen. Laws ch. 90, § 24, is the Massachusetts operating a motor vehicle while under the influence (OUI) statute. Mass. Gen. Laws ch. 90, § 24(1)(a)(1) makes it a crime to operate a motor vehicle on a public way while under the influence of an intoxicant, and sets forth more severe penalties for those convicted of second or subsequent offenses. In order to subject a repeat OUI offender to these greater penalties, the Commonwealth of Massachusetts must prove the prior convictions in a separate proceeding pursuant to Mass. Gen. Laws ch. 278, § 11A.

• Under Mass. Gen. Laws ch. 90, § 23, as amended through 1987 Mass. Act. ch. 620, § 3, it is illegal to operate a motor vehicle after a motorist's license has been revoked because of a prior "operating under" conviction.  .

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

• Mass. Gen. Laws ch. 90, § 24(1)(a)(1) makes criminal the operation of a motor vehicle while under the influence of intoxicating liquor (or other specified substances not relevant here) upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees. § 24(1)(a)(1).

• Pursuant to Mass. Gen. Laws ch. 30A, § 14(7), a superior court has authority to review the final decisions of state administrative agencies in an adjudicatory proceeding. The court may reverse, remand, or modify an agency decision if the substantial rights of any party have been prejudiced because the agency's decision was based upon an error of law, was unsupported by substantial evidence or unwarranted by facts found by the agency, or was arbitrary and capricious or otherwise not in accordance with law..

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

• In assessing whether a judge or an administrator has abused his discretion, courts do not simply substitute their judgment for that judge or the administrator, rather they ask whether the decision in question rest(s) on whimsy, caprice, arbitrary, or idiosyncratic notions..

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