DUI Attorney on Auburn Man Charged with Drunken Driving

Many of you are interested in the story of an Auburn man charged with OUI causing serious bodily injury after a crash on interstate 290 over the weekend. Going forward, the question is going to be, what does the government have to show to prove such a charge beyond a reasonable doubt? The answer depends on whether the defendant is charged under the felony or the misdemeanor branch, according to dui attorney Shane W. Surrette of Worcester, MA. For the felony charge of OUI causing serious bodily injury, the government must prove that the defendant operated a motor vehicle on a public way; while under the influence of alcohol or with a blood alcohol level of .08 or above; and did so in a negligent or reckless manner; and by such operation caused serious bodily injury to someone. In order for the Commonwealth to prove the misdemeanor branch of OUI causing serious bodily injury, it must be shown that the person operated a motor vehicle; on a public way; while under the influence of alcohol or with a blood alcohol level of .08 or above; and by such operation caused serious bodily injury to someone. The difference between the felony and misdemeanor branch of the statute is that under the felony branch negligent or reckless operation has to be shown, whereas, in the misdemeanor portion, no such showing is required. Furthermore, a bodily injury is serious if it creates a substantial risk of death; it involves total disability; it involves the loss of any bodily function for a substantial period of time; or it involves substantial impairment of any bodily function for a substantial period of time. As a result, if you or someone you know is charged with DUI, contact an aggressive DUI attorney to fight for you and your rights. For additional questions, or if you would like a free consultation, please contact DUI attorney Surrette at 505.799.9309.

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