Drunk Driving Accident Attorney in Boston

Massachusetts OUI Law & What It Means for Your Civil Case

Massachusetts law (MGL Ch. 90 § 24) sets the legal blood alcohol content (BAC) limit at 0.08 for drivers 21 and older. For drivers under 21, that threshold drops to 0.02. A driver can also be legally impaired below these limits if alcohol is combined with prescription medication or other drugs.

Massachusetts implied consent law means any driver on public roads has already consented to a breath or blood test if suspected of operating under the influence (OUI). A criminal OUI conviction can become powerful evidence in a parallel civil case. Massachusetts juries have historically shown little tolerance for drunk drivers, and a documented conviction, or a refusal to test, can significantly strengthen a victim’s position.

Who Can Be Held Liable Beyond the Driver

The drunk driver’s auto liability insurance is the first source of recovery. But it isn’t always the only one.

Dram Shop Liability

Under MGL Ch. 138 § 69, no licensed establishment may sell or serve alcohol to an already-intoxicated person. Bars, restaurants, nightclubs, liquor stores, and sporting venues that violate this prohibition can face civil liability for injuries caused by a patron they overserved. These dram shop claims carry an important procedural requirement: a supporting affidavit must be filed within 90 days of the claim (MGL Ch. 231 § 60J). We manage this deadline on your behalf, but prompt action matters because surveillance footage and point-of-sale records can be overwritten within days.

Social Host Responsibility

Massachusetts law also recognizes social host liability. A private individual who serves alcohol to a guest who is already visibly intoxicated, or serves alcohol to a minor at home, may bear civil responsibility for injuries that result. When the drunk driver carried minimum insurance limits and caused catastrophic harm, a dram shop or social host claim may be the path to a fuller recovery.

Injuries Common in Drunk Driving Crashes

Drunk drivers frequently strike at higher speeds, fail to brake before impact, or cross into oncoming traffic. The collision forces involved tend to be more severe than in standard crashes, and the injuries often reflect that.

Victims commonly suffer traumatic brain injuries, spinal cord injuries, bone fractures, severe burns, and significant scarring or disfigurement. Pedestrians, cyclists, and motorcyclists struck by a drunk driver face a particularly high risk of catastrophic or fatal injury. Not all serious injuries are immediately obvious. Traumatic brain injuries and internal trauma can present with mild symptoms at first, which is why prompt medical evaluation matters even when you feel relatively okay at the scene.

Steps to Take After a Drunk Driving Accident in Boston

What you do in the hours and days after a crash directly affects the strength of your claim. These steps protect both your health and your legal options:

• Call 911: A police report documenting the crash and any field sobriety or BAC test results is critical evidence in both the criminal and civil case
• Get medical attention immediately: Even without obvious symptoms, a documented medical record links your injuries to the crash
• Photograph everything: Both vehicles, visible injuries, road conditions, and any relevant traffic or environmental factors
• Don’t give a recorded statement: Decline to discuss fault with the other driver’s insurer before speaking with an attorney
• Note where the driver came from: If the drunk driver was served at a bar or restaurant, tell your attorney immediately so evidence preservation steps can begin
• Contact a drunk driving accident attorney in Boston promptly: Massachusetts sets a three-year filing deadline for personal injury and wrongful death claims (MGL Ch. 260 § 2A; Ch. 229 § 2), and dram shop evidence disappears fast