Felony DUI Attorney in Boston

Trial & Appellate Defense for Felony OUI Charges Since 1991

A felony Operating Under the Influence charge in Massachusetts carries mandatory minimum sentences a judge cannot suspend, multi-year license revocations, and consequences that can follow a conviction into employment, professional licensing, and firearm rights. At Gens & Stanton, P.C., we’ve defended clients facing these charges since 1991 from our principal offices in Boston and Cape Cod. One of our principal attorneys graduated cum laude from Tulane University Law School and served as an adjunct instructor at Harvard University School of Law. That background shapes how we read statutes, build motions, and argue in court.

Our boutique structure means the attorney assigned to your case works directly with you. There are no hand-offs to assistants and no junior staff learning your file on the fly. We represent clients throughout Massachusetts, New Hampshire, and New York, and our criminal defense practice covers the full range of felony OUI charges alongside other serious matters.

A felony OUI charge demands immediate attention. Call our Boston criminal defense team at (617) 206-4675 to schedule a free consultation and start building your defense today.

When an OUI Becomes a Felony in Massachusetts

Massachusetts uses the term OUI rather than DUI, but a felony-level charge carries severe consequences under either name. Three distinct legal theories can elevate an OUI to felony status under state law.

Third or Subsequent OUI under G.L. c. 90, § 24:
Every prior OUI conviction counts for life. Melanie’s Law, enacted in 2005, eliminated the old 10-year lookback period, so a conviction from 20 or 30 years ago still counts as a prior offense. A third or subsequent conviction is a felony.

OUI Causing Serious Bodily Injury under G.L. c. 90, § 24L:
The statute defines serious bodily injury as an injury that creates a substantial risk of death or causes substantial impairment of a bodily function for a substantial period of time. A second offense in this category is charged as a felony.

OUI Resulting in Death:
When an OUI leads to a fatality, prosecutors charge motor vehicle homicide while OUI under G.L. c. 90, § 24G or, when the facts support a higher charge, motor vehicle manslaughter while OUI under G.L. c. 265, § 13½.

Mandatory Minimums & Penalties You’re Facing

The penalties for felony OUI convictions in Massachusetts are defined by statute. None of the mandatory minimums below can be suspended, and a person convicted isn’t eligible for probation, parole, or good-conduct credit until that minimum is fully served.

• Third-offense OUI: 150-day mandatory minimum, up to 5 years in state prison, fines of $1,000 to $15,000, and an 8-year license revocation
• OUI causing serious bodily injury: 6-month mandatory minimum, up to 10 years in state prison, fines up to $5,000, and a 2-year license revocation
• Motor vehicle homicide while OUI: 1-year mandatory minimum in state prison, up to 15 years, and a 15-year license revocation on a first offense
• Motor vehicle manslaughter while OUI: 5-year mandatory minimum, up to 20 years in state prison

The consequences don’t end with incarceration. A felony OUI conviction can affect professional licenses, firearms rights, and employment prospects long after the sentence is served. Any reinstatement of driving privileges triggers an ignition interlock device requirement. And unlike a misdemeanor OUI, a felony conviction takes substantially longer to become eligible for record sealing.

How Felony OUI Cases Move Through Boston’s Courts

Boston’s court structure differs from the rest of Massachusetts. Criminal matters typically begin in the Boston Municipal Court, and while the BMC and Superior Court hold concurrent jurisdiction over many felony OUI matters, cases carrying the most serious state-prison exposure are generally indicted by a grand jury and transferred to the Suffolk County Superior Court for trial. The Superior Court serves Boston, Winthrop, Chelsea, and Revere.

That two-court path matters for defense strategy. Decisions made at the Boston Municipal Court level, including bail arguments, pretrial motions, and preliminary hearings, shape the record that follows the case into Superior Court. We know both courts and how to use that structure in your defense.

How We Defend Felony OUI Cases

Every felony drunk driving case we take begins the same way: we read everything. Police reports, breath or blood test records, field sobriety testing documentation, dashcam and body-worn camera footage, and witness statements all get reviewed in full. The goal is to identify what the prosecution’s theory rests on and where it can be challenged.

From that review, we build a strategy specific to your case. We don’t apply a standard template; the facts you bring us determine the arguments we make. Where the evidence supports it, we negotiate with prosecutors to seek reduced charges. When negotiation isn’t the right path, we prepare thoroughly for trial.

Because Massachusetts law doesn’t permit a judge to suspend a felony OUI mandatory minimum, an appeal is often the primary avenue for relief after an unfavorable trial result. Our practice covers both trial-level representation and appeals, so you don’t have to find a new firm if the case moves to a higher court. The same team that tried your case can continue to represent you.

Why Clients in Boston Trust Gens & Stanton, P.C.

Clients facing serious charges need honest answers, not reassurance. We tell you what the evidence shows, what the likely outcomes may be, and what our plan is to pursue the best possible result. Client reviews consistently describe us as clear about costs and straightforward about what to expect. We answer calls and emails promptly throughout a case because waiting for information only adds stress to an already difficult situation.

We also work effectively with clients who speak English as a second language. A criminal charge is hard enough to navigate without a language barrier, and we make sure every client understands what’s happening and why at every stage.

Talk to a Felony OUI Defense Attorney in Boston Today

The timeline on a felony OUI defense starts the moment you’re charged. Evidence gets reviewed, witnesses’ memories can change, and court dates approach whether you have a defense team in place or not. We offer a free initial consultation so you can explain your situation and hear an honest assessment of your options at no cost.

Call Gens & Stanton, P.C. today at (617) 206-4675. We’re ready to listen and ready to work.