Massachusetts OUI (DUI) Laws and Penalties

Although Massachusetts officially uses the term "operating under the influence" (OUI), many people nevertheless refer to the offense as "driving under the influence" (DUI). Here, we use the terms interchangeably.

The penalties you'll face for driving while under the influence of drugs or alcohol in Massachusetts depend primarily on how many prior convictions you have.

This article covers how Massachusetts law defines operating under the influence and the penalties for a first, second, and third conviction.

Massachusetts's DUI Law

Massachusetts prohibits the operation of a motor vehicle in any public place:

• with a blood alcohol concentration (BAC) of .08% or more, or
• while under the influence of intoxicating liquors, marijuana, narcotics, intoxicating vapors, or other drugs.

(Mass. Gen. Laws ch. 90, § 24 (2025).)

A driver whose ability to operate a vehicle is diminished by the consumption of a substance is considered "under the influence." (Commonwealth v. AdonSoto, 58 N.E.3d 305 (Mass. 2016).)

"Operation" of a vehicle doesn't necessarily require a running engine or actual movement. Massachusetts courts define "operation" as intentionally doing any act or using "any mechanical or electrical agency" that will set the vehicle in motion. (Commonwealth v. Ginnetti, 508 N.E.2d 603 (Mass. 1987).)

First DUI (Misdemeanor) Penalties in Massachusetts

A first OUI is generally a misdemeanor in Massachusetts and typically carries:

• up to two and a half years in jail
• $500 to $5,000 in fines
• a one-year license revocation, and
• a two-year ignition interlock device (IID) requirement.

The court also can place the offender on probation. (Mass. Gen. Laws ch. 90, §§ 24, 241/2 (2025).)

In Massachusetts, a first offender might be eligible for a continuance without a finding (CWOF). A CWOF allows a person who pleads guilty to a first OUI to have the offense dismissed after complying with probation and other conditions like substance abuse treatment. (Mass. Gen. Laws ch. 90, § 24E (2025).)

Second DUI (Misdemeanor) Penalties in Massachusetts

A second OUI is generally a misdemeanor in Massachusetts and typically carries:

• 60 days (30 days in jail is a mandatory minimum) to two and a half years in jail
• $600 to $10,000 in fines
• a two-year license revocation, and
• a two-year IID requirement.

The court also can place the offender on probation, but the offender must serve at least 30 days in jail. (Mass. Gen. Laws ch. 90, §§ 24, 241/2 (2025).)

Third DUI (Felony) Penalties in Massachusetts

A third OUI is generally a felony in Massachusetts and typically carries:

• 180 days to 5 years in jail or prison
• $1,000 to $15,000 in fines
• an eight-year license revocation, and
• a two-year IID requirement.

The court also can place the offender on probation, but the offender must serve at least 150 days in jail. (Mass. Gen. Laws ch. 90, §§ 24, 241/2 (2025).)

If a driver continues to commit OUIs after a third offense, the penalties become increasingly severe. A fourth offense can also result in the Registrar of Motor Vehicles (RMV) canceling the driver's vehicle registration. The driver is eligible to reinstate the registration after completing all license-related penalties. (Mass. Gen. Laws ch. 90, §§ 24, 24W (2025).)

Enhanced OUI Penalties for Child Passengers in Massachusetts

OUI incidents that involve a passenger under the age of 14 years old can result in child endangerment charges. A conviction carries $1,000 to $5,000 in fines, 90 days to two and a half years in jail, and a one-year license suspension. (Mass. Gen. Laws ch. 90, § 24V (2025).)

Penalties for Refusing a Breath or Blood Test

Massachusetts's "implied consent" law requires all Massachusetts drivers who are lawfully arrested for operating under the influence to consent to a blood or breath test to determine the presence of impairing substances. An unlawful refusal or failed test (BAC of .08% or more) will result in the Registrar of Motor Vehicles (RMV) suspending the driver's license. (Mass. Gen. Laws ch. 90, § 24 (2025).)

Underage OUI Laws in Massachusetts

Motorists who are under the age of 21 and are caught driving with a BAC of at least .02% but less than .08% will be subject to special penalties even if not convicted of a standard OUI.

An underage driver who submits to chemical testing and produces a BAC of at least .02% faces a 180-day suspension (1 year if under the age of 18). This suspension can be waived if the driver completes the Youth Alcohol Program. (Mass. Gen. Laws ch. 90, §§ 24, 24P (2025).)

Getting Help From an Attorney

If you've been arrested for an OUI/DUI in Massachusetts, you should seek legal assistance by contacting a qualified OUI/DUI attorney. This article provides an overview of the state's DUI laws but isn't a substitute for legal counsel.