What to Do If You’re Arrested for OUI After a Car Accident with Injuries in Massachusetts

We all dread this situation: there’s been a car accident, and someone’s been hurt. Police officers and EMS teams are on the scene. However, this had nothing to do with wet roads or an unexpected tire blowout. You’re under arrest (or about to be) for OUI.

In this guide, we’ll cover things that most people don’t know: what to do after an injury crash involving OUI. These situations come with very high stakes (not just because of the injuries involved), and charges can become felonies pretty quickly.

You’ll learn what happens after you’re arrested, about the charges you’ll face, what you have to do within the first 48 hours, and how to protect yourself from prison and devastating lawsuits.

Why Is an OUI After a Car Accident with Injuries So Much More Serious in Massachusetts?

An OUI after a car accident with injuries in Massachusetts is more serious than a typical OUI case because your case can easily move into felony territory. All it takes is for prosecutors to decide to charge you with OUI with serious bodily injury, or, if someone dies in the accident, with vehicular homicide.

That said, your situation’s specifics matter. That is, prosecutors will decide what to do with your case based on the severity of the injuries to the other party. Were they hospitalized? Did they need surgery? Were they permanently impaired by the accident? Were they killed? All of these will escalate the charges you face and come with mandatory prison sentences.

Understand from the beginning that prosecutors and judges treat injury cases very harshly. That means higher bail amounts, GPS monitoring, no-contact orders, and having a lot less flexibility in plea negotiations.

One of the most serious instances is if someone dies as a result of the accident. In that case, make sure you understand the reality of a vehicular manslaughter sentence in Massachusetts. 

What You Need to Do in the Next 24-48 Hours

The first 24 to 48 hours after your arrest are very important, so make sure you know the steps to take.

First Steps After You’re Released from the Station or Hospital

The clock starts ticking the moment you’re released from the station or from the hospital. Here are the first steps you should take.

• Get Your Paperwork Together: Make sure you have all the documentation surrounding the situation. That means your citation, the complaint, your bail slip, court date notice, information about towing and impounding, and the RMV suspension notice, if applicable.

• Write It Down: You also need to write down everything you can remember about the accident immediately, while it’s fresh. Note where you were before the accident, how much you drank (if anything), when you got behind the wheel, and how you remember the crash occurring. 

• Get Pictures: If possible, get pictures of the damage to your vehicle, as well as your own injuries. If you can, make a list of people who say you before the crash. That list should include any passengers, but it can also include friends you met while out, and even the bartender who served you.

• Hire a Lawyer: Finally, you need to hire a Worcester OUI lawyer right away. Evidence from the crash scene starts to disappear quickly (like bodycam footage being overwritten), and you have some important decisions to make with your attorney in the next 48 hours.

Critical Decisions You’ll Face Right Now

Right now, you face some important decisions, like whether you should take the breathalyzer or talk to the police about what happened.

Breathalyzer: Should you take the breathalyzer after causing injuries? There are a few reasons that make it seem like a good idea. First, refusing looks like consciousness of guilt when someone’s hurt. You’ll also get an automatic RMV suspension if you do. However, taking it gives prosecutors a BAC number plus injuries. There’s no good answer, which is why you need to follow a lawyer’s advice.

Talking to the Police: This one’s simple: don’t do it. Don’t try to explain what you think happened or justify anything. Doing so can lock you into a version of events that the evidence contradicts later. The only thing you should say to the police is that you want a lawyer present.

Bail/Custody Considerations: Should you post bail? Should you stay in custody? Bail is likely to be high considering the injuries, which means there’s likely a GPS monitor required. An experienced attorney can argue for lower bail and better conditions at your bail hearing.

What You Must Avoid Doing – Things That Will Destroy Your Case

While there are things that you should do after an arrest in Worcester, there are some that you absolutely need to avoid doing, like contacting the victim or their family.

• No Contact: Whatever else you do, don’t contact the victim or their family to apologize, ask about the victim’s condition, or offer to pay for their medical bills. Those are nice gestures, but prosecutors will use that as an admission of fault and guilt.

• Social Media: Don’t post anything about the crash on social media. Likewise, don’t post anything about drinking that day or anything else case-related. If you’ve previously posted something, leave it alone. Don’t delete anything.

• Driving: If your license is suspended, getting arrested for operating after suspension while facing injury charges makes it look like you ignore court orders and don’t take your situation seriously.

What Charges Will You Face After an OUI Accident with Injuries?

After an OUI accident with injuries, you’ll face several different charges, including OUI, negligent operation or reckless operation, and possibly leaving the scene of personal injury.

Core OUI and Injury-Related Charges You’re Facing

There are several charges at the heart of the state’s case against you:

• OUI (operating under the influence) plus OUI with serious bodily injury if someone is badly hurt. Serious bodily injury means risk of death, long-term impairment, or loss of limb/function.

• Negligent operation or reckless operation based on how you were driving before the crash.

• Leaving the scene of personal injury if you tried to drive away, move the car, or leave before the police arrived. This turns a bad situation into a guaranteed prison sentence.

What If the Victim Dies Later?

If the victim dies later, you’ll face upgraded or revoked bail, as well as upgraded charges, up to motor vehicle homicide, depending on the situation.

If the injured person dies days or weeks after the crash, prosecutors will upgrade your charges to unintentional vehicular manslaughter in Massachusetts or motor vehicle homicide. If you were previously released, you can be re-arrested and face a grand jury indictment.

Your lawyer needs to monitor the victim’s condition because the case can change dramatically if injuries worsen or become fatal.

Even if you’ve already been arraigned and released on bail, new charges can be added, and bail can be revoked if someone dies.

Can You Be Charged Even If You Weren’t at Fault for the Crash?

Yes, you can be charged even if you weren’t at fault for the crash, but that doesn’t mean you’ll be convicted.

Being drunk and being behind the wheel don’t automatically mean that you caused the accident. If the other driver ran a red light, swerved into your lane, or caused the collision in some other way, your lawyer will use accident reconstruction experts to prove it.

In our experience, one thing that many people facing OUI after a car accident with injuries forget is that prosecutors have to prove causation. They have to prove that your impairment caused or contributed to the crash and injuries. If the crash would have happened regardless of your sobriety, that’s a solid defense.

Of course, proving who was at fault relies on evidence. That includes things like dashcam footage, witness statements, traffic camera video footage, and even skid marks.

What Penalties Are You Facing If Convicted?

If you’re convicted, you face several different penalties, including prison time of up to 10 years, license revocation, and probation with very strict conditions.

Jail, Prison, and License Consequences

Some of the most severe consequences you’ll face if convicted include the following:

• OUI with serious bodily injury carries mandatory prison time of 2.5 to 10 years in state prison if convicted. Prior OUIs make this worse.

• License revocation for years (often 5-15 years for serious injury), plus ignition interlock requirements when you’re eventually eligible to drive again.

• Probation with strict conditions, like alcohol treatment, complete abstinence, random drug/alcohol screens, and potentially GPS monitoring even after release.

Bail, GPS Monitoring, and No-Contact Orders You’ll Face

In addition to the consequences we just discussed, you’ll also face other ramifications from a conviction, including high bail amounts, GPS monitoring while out on bail, and no-contact orders.

After an injury crash, expect a high bail ($5,000-$50,000+), and you’ll probably have to wear a GPS ankle monitor while your case is pending.

The court will likely issue a no-contact order prohibiting any communication with the victims or witnesses. Violating this is a separate crime and can mean that your bail is revoked.

Finally, you may have to surrender your passport, report weekly to probation, and submit to random alcohol screens. These conditions last months or years while the case progresses.

Civil Lawsuits and Restitution Orders on Top of Criminal Penalties

While criminal penalties are likely top of your mind, your case can also mean dealing with civil lawsuits and restitution orders.

Injured drivers, passengers, or pedestrians have a right to file civil lawsuits for medical bills, lost wages, and pain and suffering. These result in judgments of hundreds of thousands of dollars.

The court can also order restitution as part of your criminal sentence, meaning that you have to pay the victim’s medical expenses directly. Failure to pay violates your probation.

Your auto insurance may try to deny coverage if the insurer claims your conduct was intentional or grossly reckless, leaving you personally liable for everything.

These are just some of the reasons it’s so important to work with experienced Worcester car accident injury lawyers.