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DUI Accident

Boston Criminal Defense Lawyer Represents Clients Facing All Types of DUI Charges

Facing a Boston drunk driving charge is bad enough, but if there was an accident involved, things get even more serious. However, there are defenses that may be available in these cases. If you are charged with a Boston OUI accident case, reach out to the Law Office of Patrick J. Murphy for assistance. Attorney Murphy aggressively defends individuals charged with all types of OUI offenses.

OUI Accident Investigations

In most OUI arrests, police officers observe something about your driving that raises suspicion about your possible intoxication. For example, maybe you crossed the center line one too many times and then failed to use a turn signal. The police officer will then pull you over and, if they notice the smell of alcohol or any other sign of intoxication, they may ask you to take a breath or blood test.

However, DUI accidents are a little different. Most often, police officers show up after the fact, meaning they have no opportunity to observe you driving. Thus, while a police officer can request you take a blood or breath test after an accident, they must be able to identify a reason why one is justified—officers cannot request everyone who is involved in an accident take a chemical test.

As the driver, this puts you in a tough spot. On one hand, if you agree to chemical testing and the results come back positive, that may be the only available evidence against you. On the other hand, you will automatically be subject to administrative sanctions by refusing a chemical test.

License Suspensions for Refusing a Breath or Blood Test

If you refuse chemical testing during a Boston OUI arrest, your license will automatically be suspended. The length of the suspension will depend on whether you’ve refused testing in the past and whether the accident resulted in serious bodily injury.

First refusal – 180-day licenses suspension

Second refusal – three-year license suspension

Third refusal – five-year license suspension

However, the length of a suspension increases dramatically for an OUI accident causing serious bodily injury. A first-time refusal in this situation carries a 10-year suspension, and any subsequent refusal will result in a lifetime suspension.

Should You Refuse Chemical Testing After an OUI Accident?

Of course, every case is different, as are people’s priorities. Thus, there is no “right” answer to this question. If you refuse the test, the license suspension is, for the time being, unavoidable. However, if there were no witnesses to the accident, it may make proving the case extremely difficult for the prosecutor. And, if you beat the case, there is a presumption that your license will be restored unless the prosecution can show that the restoration of your license would put the community in danger. For most, this decision will come down to what they stand to lose from an OUI accident conviction.

DUI Accident Penalties in Massachusetts

In Massachusetts, OUI accidents involving minor injuries are still considered unenhanced OUIs. This means if you are convicted, the judge will sentence you under the OUI sentencing framework. However, there is a separate crime for a DUI accident causing serious bodily injury. In this context, “serious bodily injury” refers to an injury that creates a substantial risk of death, results in total disability, or the substantial and prolonged impairment of a bodily function.

If convicted of an OUI accident causing serious bodily injury, you will face at least six months incarceration in a house of correction and could face up to 10 years in state prison if you were driving negligently or recklessly at the time. If there is no evidence of dangerous driving, the maximum punishments are the same; however, there is no mandatory minimum sentence, meaning the judge could sentence you to no jail time.

Learn More About How an Experienced Lawyer Can Help You Fight OUI/DUI/DWI Charges

If you were recently arrested for causing a DUI accident in Boston, reach out to the Law Office of Patrick J. Murphy for immediate assistance. Attorney Murphy commands an impressive understanding of the state’s ever-change OUI laws and puts this knowledge to use in each of his clients’ cases. Whether he is working out an offer on lesser charges, arguing to suppress potentially harmful evidence, or litigating your case in front of a jury, Patrick Murphy has what it takes to defend against even the most serious drunk driving cases. To learn more, and to schedule a free consultation, call Attorney Murphy at (617) 367-0450 today.

Client Reviews
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"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
★★★★★
"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
★★★★★
"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
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"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
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"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User