Manslaughter While Operating Under The Influence, Oui
Massachusetts DUI lawyers
In 2005 as part of Melanie's Law, the Massachusetts legislature passed Massachusetts General Laws Chapter 265 Section 131/2. This law states that anyone who commits manslaughter while operating under the influence of alcohol or drugs must serve a minimum mandatory five year prison sentence. The maximum sentence for a conviction of this crime is twenty years in state prison and a fine of $25,000. There is a provision in this law that permits the convicted person in certain circumstances to engage in employment in a work release program. There is also a minimum fifteen year license suspension that will be imposed after a conviction. The license suspension can be for life. The consequences for violating this law are extremely severe.
DUI manslaughter cases typically pertain to involuntary manslaughter. Involuntary manslaughter involves the unintentional death during commission of wanton or reckless conduct. However, it is often difficult for the district attorney to prove manslaughter in alcohol related driving cases. Consequently, motor vehicle homicide charges are filed more frequently by prosecutors than OUI manslaughter charges.
Our office has successfully handled all types of criminal charges involving drunk driving throughout Massachusetts. On many of our cases we engage nationally renowned toxicologists who are often able to show a jury that our client was in no way impaired by the effects of alcohol at the time he or she was operating the motor vehicle. We also hire accident reconstructionists who show recreate the incident for the jury. Many times these experts can show that the prosecution's case was improperly investigated and that their evidence is flawed. From a defense perspective the key to winning these cases is to show that the defendant was not impaired or that the act did not amount to manslaughter or both. Our experts have been an integral part of our success on these cases.
As serious as these charges are they are often defensible. That is why it is extremely important that you hire a Massachusetts drunk driving crimes lawyer who has the experience and expertise to effectively represent you. We can be reached 24 hours per day 7 days per week. Call us now at 617-263-6800 to discuss your case or contact us online.
Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.
Massachusetts DUI Lawyer Blog - OUI DUI Manslaughter
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