Massachusetts OUI/DUI Laws, Penalties, and Fines

Learn about the penalties for a OUI/DUI conviction in Massachusetts.

Need Professional Help? Talk to a Local Defense Attorney.

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

What are the penalties for a OUI/DUI in Massachusetts?


1st Offense

2nd Offense

3rd Offense

4th Offense 5th Offense

Jail

Up to 30 months

30 days to 30 months

150 days to 5 years

1 to 5 years 2 to 5 years

Fines and Penalties

$500 to $5,000

$600 to $10,000

$1,000 to $15,000

$1,500 to $25,000 $2,000 to $50,000

License Suspension

1 year

2 years

8 years

10 years Permanent

IID** Required

No

Yes

Yes

Yes --

Lookback Period: Lifetime – that is, a prior OUI/DUI is admissible for your life (Period of time that prior OUI/DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a OUI/DUI in Massachusetts?

Under 21

.02%

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Massachusetts?

Massachusetts has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Massachusetts’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

180 day license suspension

3 year license suspension

5 year license suspension

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than OUI/DUI in Massachusetts?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Massachusetts, but it's possible a lawyer may be able to create a plea bargain for you.

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.

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.

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.

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.

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.

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.

by: , Attorney

Talk to a Lawyer

Start here to find defense attorneys near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO5:DRU.1.6.2.20140813.27175