Worcester County Aggravated DUI Defense Attorney

A DUI conviction in Worcester County has serious consequences, including fines, probation, ignition interlock device requirements, and potential jail time. These penalties can become even more severe when certain aggravating factors exist, such as having multiple prior DUI convictions in Massachusetts or other states, causing severe injuries, or endangering the welfare of a minor child in the vehicle. Aggravated DUIs can result in years-long prison sentences, substantial fines, driver’s license revocation, and the stigma of having a criminal record. 

If you’re facing such a serious charge, you deserve equally serious defense counsel. Contact Geraghty Law, LLC today for an initial case review with a Worcester DUI defense lawyer to learn how our firm will stand up for your rights and interests as you face prosecution for aggravated DUI. 

Understanding Aggravated DUI Charges

Like other states, prosecutors in Massachusetts can charge a motorist with driving under the influence if they have consumed alcohol or drugs to the extent their intoxication impairs their ability to operate a motor vehicle safely or if they have a blood alcohol content of 0.08 percent or more. However, in Massachusetts, a person may face an aggravated DUI charge if they commit a DUI under various circumstances, such as:

• Multiple DUIs: A third or subsequent DUI offense on a driver’s record can result in aggravated penalties, including multi-year prison terms. 
• Causing severe injuries in a motor vehicle accident: A driver who negligently or recklessly operates a motor vehicle while under the influence of alcohol or drugs and endangers the safety of others or causes a motor vehicle accident while driving under the influence that severely injuries others may face prison terms following a conviction.
• Endangering the welfare of a child: A person who operates a motor vehicle while under the influence of alcohol or drugs with a passenger age 14 or younger in the vehicle may face additional charges of child endangerment while driving under the influence, which can impose enhanced penalties for a conviction. 

Penalties for Aggravated DUI

Penalties for an aggravated OUI offense in Massachusetts will depend on the aggravating factors in the offense:

• Third OUI: A fine of $1,000 to $15,000 and incarceration of six months to two years or imprisonment in state prison for two-and-a-half to five years.
• Fourth OUI: A fine of $1,500 to $25,000 and incarceration of two to two-and-a-half years or imprisonment in state prison for two-and-a-half to five years.
• Fifth or Sixth OUI: A fine of $2,000 to $50,000 and incarceration of at least two-and-a-half years or imprisonment in state prison for two-and-a-half to five years.
• Seventh or Eighth OUI: A fine of $2,000 to $50,000 and imprisonment in state prison for three-and-a-half to eight years.
• Ninth or subsequent OUI: A fine of $2,000 to $50,000 and imprisonment in state prison for four-and-a-half to ten years.
• Careless/reckless driving that endangers the public and causes severe injury: A fine of $5,000 and either a jail term of six months to two-and-a-half years or imprisonment for two-and-half to ten years.
• Causing severe injury: A jail term of up to two-and-a-half years, a fine of at least $3,000,  or both a fine and incarceration.
• Endangering the welfare of a child: A fine of $1,000 to $5,000 and incarceration for 90 days to two-and-a-half years for a first offense, or a fine of $5,000 to $10,000 and incarceration for six months to two-and-a-half years or imprisonment for three to five years for a second or subsequent offense

Defenses Strategies for Aggravated DUI Charges

When you face prosecution for aggravated DUI, you may have defenses you can pursue to fight your charges, such as:

• Illegal traffic stop: Defendants may try to exclude all the evidence supporting the prosecution’s charges by showing that the arresting officer lacked reasonable suspicion of OUI, a traffic violation, or a criminal offense to justify the stop or to extend it after resolving the initial legitimate reason for the stop. 
• Unreliable field sobriety or chemical test results: A defendant may highlight factors that challenge the reliability of the police’s field sobriety or chemical testing, such as the defendant’s underlying health issues, adverse environmental factors at the scene of the traffic stop, or failure to calibrate chemical testing equipment.
• Insufficiency of evidence of aggravating factors: Defendants may assert that the prosecution’s case fails to prove the existence of an alleged aggravating factor beyond a reasonable doubt, such as prior DUI convictions, causing severe injury, or endangering the welfare of a child under 14.
• Unlawfully obtained evidence or statements: In certain circumstances, a defendant may seek to exclude evidence from the prosecution’s case by asserting that the police obtained evidence or inculpatory statements through an unlawful search or an interrogation that violated the defendant’s rights. 

Why Choose Geraghty Law, LLC?

When an aggravated DUI charge puts your reputation, freedom, and future at risk, your choice of legal representation may become one of the most important decisions you make in your case. Choose Geraghty Law, LLC, to help you seek a favorable outcome because:

• Attorney Conor Geraghty has extensive experience in Massachusetts criminal law. He spent over seven years as an assistant district attorney prosecuting drunk driving and other criminal cases. He uses his unique insights into how prosecutors build cases to develop effective, tailored legal solutions for his clients. 
• Our firm understands how your charges can put your reputation and future at stake. We offer relentless legal advocacy dedicated to helping you secure the best possible outcome under the facts of your case.
• Every client receives vigorous legal advocacy, personalized attention, and around-the-clock availability.

Contact Our Worcester County Aggravated DUI Defense Lawyer

If you’ve been charged with aggravated OUI in Worcester County, turn to Geraghty Law, LLC, to help you protect your reputation, freedom, and future. Contact us today for a confidential consultation with a DUI defense lawyer to discuss your legal options for seeking a favorable resolution to the charges against you.