{"id":19231,"date":"2026-11-03T17:00:01","date_gmt":"2026-11-03T17:00:01","guid":{"rendered":"https:\/\/www.paultolandlaw.com\/is-there-a-5-year-mandatory-minimum-for-oui-manslaughter-in-massachusetts\/"},"modified":"2026-11-03T17:00:01","modified_gmt":"2026-11-03T17:00:01","slug":"is-there-a-5-year-mandatory-minimum-for-oui-manslaughter-in-massachusetts","status":"publish","type":"post","link":"https:\/\/www.paultolandlaw.com\/pt-pt\/is-there-a-5-year-mandatory-minimum-for-oui-manslaughter-in-massachusetts\/","title":{"rendered":"Is There a 5-Year Mandatory Minimum for OUI Manslaughter in Massachusetts?"},"content":{"rendered":"
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Facing a Fatal OUI Charge: Understanding Prison Exposure in Massachusetts<\/h2>\n

Key Takeaways:<\/strong> Yes, Massachusetts imposes a 5-year mandatory minimum state prison sentence for OUI manslaughter under M.G.L. c. 265, \u00a7 13\u00bd. The sentence ranges from 5 to 20 years, and the fine can be up to $25,000. A person convicted cannot be released on probation, parole, or furlough, and cannot get good-conduct deductions, until five years have been served. The license revocation lasts at least 15 years and can last for life. The minimum applies only if the prosecution proves both an OUI violation and manslaughter, so challenging the evidence, the testing procedures, and causation may change the outcome. Separate charges such as motor vehicle homicide and driving after an OUI-related suspension carry their own penalties. Non-citizens may also face immigration consequences and may want advice on both criminal and immigration law before entering any plea.<\/em><\/p>\n

Yes, Massachusetts law imposes a 5-year mandatory minimum state prison sentence for manslaughter committed while operating under the influence.<\/strong> Under M.G.L. c. 265, \u00a7 13\u00bd, a person convicted of manslaughter while driving in violation of M.G.L. c. 90, \u00a7 24(1)(a), or while boating in violation of M.G.L. c. 90B, \u00a7 8A, faces 5 to 20 years in state prison and a fine of up to $25,000. The sentence cannot be reduced below five years or suspended. Many people facing these charges are also dealing with grief, fear, and uncertainty about their families. Knowing how the law works is the first step toward protecting your rights.<\/p>\n

If you or someone you love is under investigation or has been charged with OUI manslaughter, the time to act is now.<\/strong> The attorneys at Toland Law<\/a> can review the evidence and explain your options under Massachusetts law. Call 781-819-3647<\/a> or schedule your free consultation<\/a> today. Better Call Paul!<\/p>\n

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How Chapter 265 Section 13 1\/2 Sets the Penalty<\/h2>\n

Chapter 265, \u00a7 13\u00bd is the Massachusetts statute that creates the OUI manslaughter mandatory minimum.<\/strong> The full text of Chapter 265 Section 13 1\/2<\/a> sets a sentencing range of 5 to 20 years in state prison and a fine of up to $25,000. Because the minimum is mandatory, a judge cannot go below five years once a conviction under this section occurs.<\/p>\n

What "Mandatory" Means in Practice<\/h3>\n

Under M.G.L. c. 265, \u00a7 13\u00bd, the 5-year minimum sentence cannot be reduced or suspended.<\/strong> A person convicted under this section is not eligible for probation, parole, or furlough, and cannot earn good-conduct deductions, until five years have been served. The real flexibility therefore often lies in the prosecutor’s charging choices and any plea to a different offense. This is why defense strategy before trial or plea can matter so much.<\/p>\n

License Consequences After Conviction<\/h3>\n

A conviction also triggers severe license consequences.<\/strong> The Registrar of Motor Vehicles must revoke the person’s license or right to operate for at least 15 years and may extend the revocation for life. If a court finds the Registrar abused its discretion, it may shorten the revocation, but not below 15 years.<\/p>\n