Aggravated OUI Attorney in Boston

Trustworthy Defense & Guidance in Challenging Times

At DeGiacomo & Mikhlin, P.C., we understand the daunting nature of facing an aggravated OUI charge in Boston, MA. Our former prosecutors, James G. DeGiacomo and Sergey Mikhlin, bring a wealth of legal knowledge to your case, offering 24/7 availability and focused support to navigate Massachusetts' stringent OUI laws. Our goal is to alleviate the stress of legal proceedings by providing aggressive, reliable defense.

Contact an aggravated OUI lawyer in Boston to protect your future. Call (617) 941-3666 or reach out online.

What “Aggravated” Means in Massachusetts

Massachusetts law treats impaired driving under M.G.L. c. 90 § 24 as Operating Under the Influence (commonly abbreviated OUI). The term “aggravated” is not a separate statutory label in every case, but certain facts—high blood alcohol content, driving that causes serious bodily injury, driving with a child in the vehicle, leaving the scene, or prior OUI convictions—make the charge far more serious and increase the penalties prosecutors pursue. The baseline statute and the elements prosecutors must prove are laid out in Chapter 90, Section 24. 

How Aggravated OUI Differs From a Standard OUI

A standard OUI charge can arise when a person operates a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater or while impaired by alcohol or drugs. Aggravating circumstances turn a typical OUI into a case with enhanced consequences. 

Examples include:

• Causing serious bodily injury while driving impaired; Massachusetts has a specific statute addressing serious bodily injury by motor vehicle while under the influence (M.G.L. c. 90, § 24L), which carries significantly greater punishment.
• A very high BAC or pattern of reckless conduct (speeding, weaving, leaving the scene).
• Prior OUI convictions that elevate subsequent offenses to felony-level exposure.

These factors change the practical stakes: permanent criminal records, longer license suspensions, mandatory ignition-interlock requirements, and potential state prison time for some offenses.

Penalties of an Aggravated OUI Conviction in Massachusetts

Massachusetts penalties for OUI are severe even for a first offense including: 

• Fines
• Possible incarceration
• Mandatory alcohol education
• RMV sanctions including license suspension

When aggravating circumstances are present, prosecutors commonly seek harsher fines, mandatory jail or state-prison terms (for felony-level cases), and extended or lifetime license consequences. 

The statute authorizes fines up to several thousand dollars and imprisonment up to two and a half years for basic OUI; aggravated forms such as “OUI causing serious bodily injury” may increase exposure to multi-year prison terms.

Collateral Consequences

A criminal record for a felony conviction can make it incredibly difficult for a person to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage a person's reputation and personal relationships.

Building a Strategic Defense for Aggravated OUI in Boston

Every case is unique, and they develop a defense strategy tailored to a client's specific circumstances. As a seasoned aggravated OUI lawyer in Boston, they will leverage every possible defense, including:

• Challenging the Traffic Stop: An officer must have reasonable suspicion to pull a person over. If the stop was illegal, all evidence obtained as a result may be suppressed.
• Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. They can argue that a person's performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody.
• Disputing Causation: In an aggravated OUI case, they can argue that a person's driving was not the direct cause of the injuries, or that the injuries were not as severe as the prosecution claims.
• Constitutional Violations: They will challenge any violation of a person's rights, such as an unlawful search and seizure or a coerced confession.

The Process of Defending an Aggravated OUI

• Initial Consultation: We begin with an evaluation of the circumstances surrounding your charge to craft a tailored defense strategy. Our in-depth understanding of local statutes enables us to provide informed advice from the outset. During the initial consultation, our priority is to listen. Comprehensive information allows us to identify strengths and vulnerabilities in the prosecution’s case, ensuring that your defense is precise and strategic from day one.
• Evidence Gathering: A meticulous collection of evidence includes breathalyzer data, police reports, and witness statements, assisting in forming a strong defense. By analyzing every piece of evidence available, we evaluate its accuracy and reliability. Challenging these errors can be pivotal, potentially leading to dismissal or reduction of charges. Moreover, we frequently collaborate with experts in the field, such as forensic toxicologists, to dissect evidence on a microscopic level, further strengthening your defense strategy.
• Pre-Trial Hearings: Our attorneys will represent you in all pre-trial procedures, aiming to dismiss or reduce charges before reaching trial.
• Trial Preparation & Execution: If necessary, we proceed to trial with a robust defense strategy, leveraging our courtroom experience to challenge the prosecution’s case.

Why Choose DeGiacomo & Mikhlin, P.C.

Our unique advantage lies in our attorneys' prosecutorial background, equipping us with insights into opposing strategies. We focus exclusively on OUI and criminal defense, ensuring targeted and informed counsel. Furthermore, our team’s commitment to keeping clients informed at every stage fosters trust and clarity, which are essential components of effective legal defense.

Choosing us means more than just a defense; it's about having a legal ally who understands the pressures and pitfalls of the legal system. Our 24/7 availability underscores our commitment to be there when you need us the most, ensuring you have access to advice and reassurance during any emergency. 

We know that the legal landscape is complex and ever-changing, especially in a city as dynamic as Boston, where local legal frameworks can influence the outcome of OUI cases. By staying on top of these changes and maintaining open communication, we build strategies that aim for the most favorable outcomes possible under the circumstances.

Contact Us for Dedicated Legal Support

Facing an aggravated OUI charge can be overwhelming, but you don't have to navigate it alone. Contact the dedicated team at DeGiacomo & Mikhlin, P.C. for a comprehensive consultation on your case. We are committed to providing strategic, informed legal defense, aiming to alleviate your stress by clearly outlining your options and potential outcomes. 

Reach out to us at (617) 941-3666 to ensure your rights are protected. By partnering with us, you take a crucial step towards resolving your legal challenges effectively.