How much do you have to drink (BAC*) for a OUI/DUI in Massachusetts?
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Under 21 |
.02% |
|
21 or older |
.08% |
|
Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
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.
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|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
180 day license suspension |
3 year license suspension |
5 year license suspension |
What is the minimum jail time?
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|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
No minimum jail term required |
30 days jail |
150 days jail |
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.)
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.
1st Massachusetts DUI Offense
First Drunk Driving Conviction
- Jail – Up to 30 Months
- Fine – From $500 to $5,000
- Fine – $250 Assessment
- Fine - $50 DUI Victim Trust Fund
- License Suspension – 1 Year
- Court Assigned Treatment Program
More Information: First Offense DUI/OUI in Massachusetts
2nd Massachusetts DUI Offense
Second Drunk Driving Conviction
- Jail – From 30 Days to 30 Months
- Fine – From $600 to $10,000
- License Suspension – 2 Years
- Hardship License – Eligible after 1 Year
- Ignition Interlock Device Required
More Information: Second Offense DUI/OUI in Massachusetts
Important Note from the Editor
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.
3rd Massachusetts DUI Offense
Third Drunk Driving Conviction
- Jail – From 150 Days to 5 Years
- Fine – From $1,000 to $15,000
- License Suspension – 8 Years
- Hardship License – Eligible after 2 Years
- Ignition Interlock Device Required
More Information: Third Offense DUI/OUI in Massachusetts
4th Massachusetts DUI Offense
Fourth Drunk Driving Conviction
- Jail – From 1 to 5 Years
- Fine – From $1,500 to $25,000
- License Suspension – 10 Years
- Hardship License – Eligible after 5 Years
- Ignition Interlock Device Required
5th DUI Offense
Fifth Drunk Driving Conviction
- Jail – From 2 to 5 Years
- Fine – From $2,000 to $50,000
- License Suspension – Permanent
More Information on DUI Convictions in Massachusetts
Drinking and Driving Laws in Massachusetts
Massachusetts Drunk Driving and Wet Reckless Laws - Nolo.com
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.
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.
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.
State of Massachusetts Website - DUI Brochure - (5mb PDF Download)
State of Massachusetts Website - DUI Laws
Other Massachusetts Information on This Website
Teen Driving Laws and Insurance Requirements in Massachusetts
