Massachusetts DUI / DWI Laws

Massachusetts OUI/DUI Laws, Penalties, and Fines

Massachusetts categorizes a DUI as an OUI (Operating Under the Influence) and a first offense can trigger severe penalties. Most drivers don't incur the maximum penalties but even the minimum assessment can cost thousands of dollars and require considerable time. Penalties will increase, as with all DUI convictions if a child is in the vehicle or if the BAC is much escalated from the minimum threshold of .08%. A first offender can often expect: one-year probation, a license suspension for 45-90 days, and a 16 week mandatory drug & alcohol education program.

First Offense DUI/OUI in Massachusetts

  • First offense OUI offenders face an administrative license suspension of up to one year in Massachusetts, with the potential for a hardship license after only three (3) months. However, if a case is resolved via alternative disposition, most offenders will face license suspension of forty-five (45) to ninety (90) days with immediate eligibility for hardship license
  • Refusals to submit under implied consent laws, for a first offense, carry mandatory license suspension periods of one hundred and eighty (180) days
  • Reinstatement of license is contingent upon payment of reinstatement fines and fees, as well as case-specific eligibility considerations for a hardship license. If involved in alternative disposition, reinstatement contingent upon aforementioned factors, plus completion of Drug and Alcohol Education program
  • Ignition interlock device possible for first offenders, including those involved in hardship license option

Second Offense DUI/OUI in Massachusetts

 If you are convicted of a second DUI.OUI offense, the following administrative penalties will occur:

  • Driving license is suspended for 1 year.
  • A fine between $600-$10,000.
  • Can only obtain a “hardship license” (driving privileges for a limited time period for driving to work) after 1 year from the conviction.
  • An ignition interlock device provided at your own expense is required to regain your license.
  • If you are convicted of a second DUI offense, the following criminal penalties are possible:
    • A jail sentence ranging from 30 days to 2.5 years.
    • You will be charged with Child Endangerment if a person under the age of 14 is in the vehicle with you at the time of your arrest, which can add 3 months to 2.5 years in prison, an additional drivers’ license suspension of 1 year, and a fine of $1,000-$5,000.

Third Offense DUI/OUI in Massachusetts

If you are convicted of a third or subsequent DUI offense, the following administrative penalties will occur:

 


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