Are the criminal penalties greater for an OUI offense that involves an accident?
A. The government zealously prosecutes all OUI cases. Notwithstanding, it is customary that an offense that results in property damage or bodily injury to another incurs a greater amount of scrutiny and more aggressive prosecution. It is noted that drunk driving offenses are, in the vast majority, victimless crimes. In instances where victims or family members suffer alleged physical, emotional or financial loss due to the alleged criminal actions of an accused OUI offender, the government will almost always more so aggressively prosecute the case and seek greater criminal penalties. The court is also usually more so inclined to impose a greater criminal sentence in these cases. The Registry of Motor Vehicles will additionally impose an increased 10-year administrative license suspension for a Breathalyzer refusal of a prior offender where an accident results in serious bodily injury, and a lifetime license suspension for a Breathalyzer refusal of a prior offender where an accident res
