Massachusetts DUI Penalties | Consequences of Drunk Driving in Massachusetts : Jail Time, Fines, License Suspension
First Massachusetts OUI:
- Imprisonment: Up to 2 1/2 years House of Correction
- Fines: $500 - $5,000
- Driver's License Suspension: Up to 1 year. Eligible for work / education hardship license in 3 months. Eligible for general hardship in 6 months.
First Massachusetts OUI, Alternative Disposition:
- Plead to a Continuance without a Finding (CWOF).
- Mandatory participation in 16 week alcohol - drug education program paid for by defendant.
- 1 year Probation
- License suspended for 45 to 90 days, or 210 days for drivers under 21. Hardship license available immediately in most cases.
Second Massachusetts OUI:
- Imprisonment: Not less that 60 days (30 days mandatory), not more than 2 1/2 years.
- Fines: $600 - $10,000
- Driver's License Suspension: 2 years. Work and education hardship considered in 12 months; general hardship in 18 months.
Second Massachusetts OUI, Alternative Disposition:
- 14 day confined (inpatient) alcohol treatment program paid for by defendant
- 2 years probation
- Driver's license suspended for two years, work and education hardship considered in one year; general hardship in 18 months.
- Ignition interlock device must be installed in vehicle for 2 years at defendant's expense as a condition of any license reinstatement (including hardship license).
Note: If your prior OUI offense occurred over 10 years ago, a skilled Massachusetts OUI attorney would likely argue for a "24D disposition." A 24D disposition carries the same penalties as First OUI, Alternative Disposition. The Registry of Motor Vehicles, however, still treats you as a second offender.
Third Massachusetts OUI:
- Imprisonment: Not less than 180 days (150 mandatory), not more than 5 years State Prison (felony). May be served in a prison treatment program.
- Fines: $1,000 - $15,000
- Driver's License Suspension: 8 years. Work and education hardship considered in 2 years. General hardship eligibility in 4 years. No hardhship license for additional 5 years if you refused the breath test.
- Ignition Interlock Device: Must be installed for 2 years.
- Commonwealth may seize, keep, and/or sell your vehicle.
Fourth Massachusetts OUI:
- Imprisonment: Not less than 2 years (1 year mandatory minimum), not more than 5 years (felony).
- Fine: $1,500 - $25,000
- Driver's License Suspension: 10 years, work and education hardship considered in 5 years; general hardship in 8 years.
- Commonwealth may seize, keep, and/or sell your vehicle.
Fifth Massachusetts OUI:
- Imprisonment: Not less than 2 1/2 years (24 months mandatory minimum), not more than 5 years (felony).
- Fine: $2,000 - $50,000
- Driver's License Revocation: Driver's license revoked for life. No possibility of a hardship license.
Massachusetts DUI Laws - Relevant Statutes
Massachusetts General Laws
Chapter 90 Motor Vehicles and Aircraft, including
- 23 Operation of motor vehicle after suspension or revocation of license; concealment of identity of motor vehicle
- 24 1/2 Ignition interlock device license restriction; revocation of license for failure to install or maintain device; revocation of license for attempt to operate motor vehicle with elevated blood alcohol level
- 24 Driving while under influence of intoxicating liquor, etc.; second and subsequent offenses; punishment; treatment programs; reckless and unauthorized driving; failure to stop after collisio
- 24A Use of motor vehicles in commission of felony, larceny or other crimes
- 24B Stealing, forging or other falsification of learner's permit, operator's license, disability placard certificate of registration or inspection sticker; use or possession; penalties; suspension and reinstatement of license or right to operate motor vehicle
- 24D Probation of persons convicted of driving under the influence; driver alcohol education program; alcohol treatment and rehabilitation programs; fees; indigents; gifts and grants; report
- 24E Dismissal of charges upon compliance with terms of probation; records; reports
- 24F Civil liability to owner for unauthorized use of motor vehicle
- 24G Homicide by motor vehicle; punishment
- 24I Possession of alcoholic beverages in motor vehicles
- 24K Chemical breath analysis; validity; testing procedures; report forms
- 24L Serious bodily injury by motor vehicle while under influence of intoxicating substance; penalties
- 24M Training for law enforcement personnel regarding alcohol-related offenses; alcohol sensitive selective traffic enforcement program
- 24N Suspension of operator's license upon issuance of complaint; hearing
- 24O Statement to defendant regarding further violations
- 24P Minors; further violations; education and treatment programs
- 24Q Alcohol or drug assessment as condition for certain sentences imposed under chapter
- 24R Revocation for life of license or right to operate
- 24T Tampering with ignition interlock device; penalties
- 24U Starting motor vehicle equipped with ignition interlock device for another person under a restricted license
- 24V Child endangerment while operating a motor vehicle or vessel under the influence; penalties; suspension of license
- 24W Forfeiture of motor vehicle owned by certain drunk driving offenders; procedure; Operating Under the Influence Deterrent Trust Fund
- 24X Cancellation of registration for motor vehicles owned by certain drunk driving offenders
- 25 Refusal to submit to police officer
The skilled Massachusetts DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your Massachusetts Drunk Driving DUI Arrest.
Massachusetts DUI Attorneys can help fight for your Rights following a DUI arrest in Boston, Brockton, Cambridge, Fall River, Lowell, Lynn, New Bedford, Quincy, Springfield, Worcester, or anywhere else in Massachusetts.