OPERATING UNDER THE INFLUENCE (OUI), SUBSEQUENT OFFENSES

OPERATING UNDER THE INFLUENCE (OUI), SUBSEQUENT OFFENSES

In this post we will discuss some of the penalties for the crime of “Operating Under the Influence”OUI for subsequent offenses and some recent changes to the law:

The more times a person is found guilty of an OUI, the greater the penalties are for multiple or subsequent offenses. Commonwealth law has recently been amended to increase subsequent OUI offenses after the fourth is committed. The following table summarizes the new penalties:

 

Offense

Penalty

OUI—5th and 6thoffenses

Not less than two and one half years in a house of correction or state prison, nor more than five years in state prison and a fine of not less than $2,000 nor more than $50,000

OUI—7th and 8thoffenses

Not less than three and a half years nor more than eight years in state prison and a fine of not less than $2,000 nor more than $50,000

OUI—9thoffense

Not less than four and a half years nor more than 10 years in state prison and a fine of not less than $2,000 nor more than $50,000

Commonwealth law has also been amended to change the language of penalties associated with “vapors of glue.”It is now a crime in certain circumstances to be under the influence of “vapors of glue”by smelling or inhaling the fumes of any substance having the property of releasing toxic vapors. Basically, this would be fall under OUI drugs. 

The change comes in light of Commonwealth v. Sousa (2015), in which the Massachusetts Appeals Court vacated the defendant’s conviction of operating under the influence of drugs where the evidence was that he had driven after inhaling an aerosol spray canister containing computer cleaner.

With the amendment, smelling or inhaling the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system is forbidden in the following statues, as defined in the table below:

G.L. c.90, §24
G.L. c.90, §24G

G.L. c.90, §24L

OUI-Drugs

Motor Vehicle Homicide

OUI with Serious Injury

G.L. c.90B, §8
G.L. c.90B, §8

G.L. c.90B, §8

G.L. c.90B, §26A

OUI Boat

OUI Boat with Serious Injury

Homicide by Boat

OUI Snowmobile

G.L. c.269, §10H

Carrying a Loaded Firearm While Under the Influence

IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH AN OUI, SUBSEQUENT OFFENSE, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.

 CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.

Source: New Criminal Justice Reform Laws Memorandum  

 

 

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