Massachusetts Personal Injury Library
Drunk Driving Glossary for Massachusetts (Part A)
Driving under the influence (DUI) is a severe problem in Massachusetts and across the country. In fact, more than 500,000 people are injured in drunk driving accidents each year.
If you plan to file a lawsuit against the drunk driver who injured you, the following terms may be helpful for you. These common phrases will be mentioned often by your DUI attorney and in the court room.
Operating Under the Influence (OUI)
While most people refer to drunk driving as a “Driving Under the Influence” (DUI), Massachusetts law uses the term “Operating Under the Influence,” or OUI. You will see “OUI” used on police reports, court filings and lawsuits.
In New Hampshire, the correct term is “Operating While Intoxicated” (OWI).
Blood Alcohol Content (BAC)
If the drunk driver who injured you took a breathalyzer at the scene of the car accident, the police were measuring his or her blood alcohol content. This refers to the amount of alcohol present in the body. Under Massachusetts DUI law, the legal limit for blood alcohol content is .08. However, anyone under 21 can be charged with operating under the influence if their blood alcohol content is greater than .02.
Implied Consent
When you receive a driver’s license, you are giving implied consent that you will take a breathalyzer if requested by police. A drunk driver can refuse to take a breath test, but Massachusetts’ Implied Consent law means that the driver will face consequences, including a license suspension for 180 days. If the driver has prior OUI convictions, the license suspension period can be as much as three to five years. Suspected drunk drivers with more than three DUI convictions can have their license suspended for life.
Manslaughter by Motor Vehicle
Manslaughter by motor vehicle is a new category of OUI offense that was created by Melanie’s Law. If a drunk driver kills another person while operating under the influence, manslaughter by motor vehicle will apply. If convicted, a drunk driver faces a minimum five years in prison and a maximum fine of $25,000. In severe cases, the driver can be sentenced up to 20 years in prison.
If a loved one was killed by a drunk driver, manslaughter by motor vehicle carries one of the stiffest penalties for the crime. Talk to a DUI attorney for more information about how to make sure that the drunk driver receives the maximum punishment.
If you or your loved one has been injured in a car accident caused by drunken drinking, you should contact a Boston personal injury attorney immediately to learn about your rights and determine who was liable in your accident. Massachusetts has a statute of limitations that may prohibit you from filing a lawsuit if too much time has passed.
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Continue to Drunk Driving Glossary for Massachusetts (Part B) >>
