Drinking and Driving Laws in Massachusetts
In the State of Massachusetts it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. The .08 percentage limit for adults is the standard measurement of the "impaired" driver across the United States. In Massachusetts, a DUI is called an OUI, or "Operating Under the "Influence". Massachusetts also has what is known as "Melanie's Law". This law was enacted in 2005 and increases the penalties to the drunk driving law in Massachusetts.
How many drinks does it take to reach the legal limit in Massachusetts?
This question is often asked by drivers that want to know how many drinks it will take to be legally drunk. There are ways to calculate your BAC, however caution is advised since each individual has unique physical attributes that impact their BAC score. Using a calculator or a chart to determine your driving suitability is certainly not a recommendation to drink and drive.
The best answer is not to drink and drive . The State of Massachusetts has strict laws for drunk driving, and when you drink and drive in Massachusetts, you risk your freedom, finances and your future.
Drunk Driving Laws in Massachusetts
State of Massachusetts BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.
Massachusetts Drunk Driving Fines & Penalties
First Drunk Driving Conviction
The first time you are convicted of an OUI in Massachusetts you will be fined from $500-$5,000. You also face up to 2 1/2 years in prison and your drivers license will be suspended for the period of 1 year. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Second Drunk Driving Conviction
If you are arrested a second time for drunk driving in the State of Massachusetts, you will be fined from $600-$10,000. You will also face from 30 days to 2 1/2 years in prison and have your drivers license suspended for a period of 2 years. The court may also order you to install an ignition interlock device on your vehicle at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Third Drunk Driving Conviction
For your 3rd drunk driving conviction in the State of Massachusetts you will be fined between $1,000 and $15,000. You will also spend from 150 days to 2 1/2 years in prison and have your drivers license suspended for 8 years. The court may also order you to install an ignition interlock device on your vehicle at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Fourth Drunk Driving Conviction
For your 4th drunk driving conviction in the State of Massachusetts you will be fined between $1,500 and $25,000. You will also spend from 1 to 3 years in prison and have your drivers license suspended for 10 years. The court may also order you to install an ignition interlock device on your vehicle when you get out of prison at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Fifth Drunk Driving Conviction
For your 5th drunk driving conviction in the State of Massachusetts you will be fined between $2,000 and $50,000. You will also spend from 2 to 5 years in prison and have your drivers license suspended for Life. The court may also order you to install an ignition interlock device on your vehicle when you get out of prison at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
The Implied Consent Law in Massachusetts
The implied consent law in Massachusetts means that as a driver in the State of Massachusetts you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. Melanie's law significantly increases the amount of time your license will be suspended for refusing a breathalyzer test. If you do refuse a test your license will be suspended for 180 days if you have no prior drunk driving offenses. If you refuse a test, and have one prior drunk driving conviction your license will be suspended for 3 years. The penalties increase further with a 5 year suspension with two prior DUI's and a lifetime suspension if you refuse the test and have 3 previous drunk driving offenses.
Additional Information on Drunk Driving Laws, Penalties and Fines in Massachusetts
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