Learn what constitutes a DUI/OUI in Massachusetts and the consequences of a conviction.
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.
A driver is considered "under the influence" if his or her ability to operate a vehicle is diminished by the consumption of a substance. "Operation" of a vehicle doesn't necessarily require a running engine or actual movement.
First DUI/OUI (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.
If the offender had drugs or inhalants in his or her system, the judge can also order drug education classes or treatment.
Second DUI/OUI (Misdemeanor) Penalties in Massachusetts
A first OUI is generally a misdemeanor in Massachusetts and typically carries:
- 60 days to two and a half years in jail
- $600 to $5,000 in fines
- a two-year license revocation, and
- a two-year IID requirement.
The judge can also order drug education classes or treatment if the offender had drugs or inhalants in his or her system while driving.
Third DUI/OUI (Felony) Penalties in Massachusetts
A first OUI is generally a felony in Massachusetts and typically carries:
- 60 days to five years in jail or prison
- $1,000 to $15,000 in fines
- an eight-year license revocation, and
- a two-year IID requirement.
A third offense can also result in the Registrar of Motor Vehicles (RMV) canceling the driver's registration. The driver is eligible to reinstate the registration after completing all license-related penalties.
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.
License-Related Penalties for a Massachusetts OUI
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.
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 (one year if under the age of 18). This suspension can be waived if the driver completes the Youth Alcohol Program.
Talk to 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.
