Massachusetts categorizes a DUI as an OUI (Operating Under the Influence) and a
first offense can trigger severe penalties. Most drivers don't incur the
maximum penalties but even the minimum assessment can cost thousands of dollars
and require considerable time. Penalties will increase, as with all DUI
convictions if a child is in the vehicle or if the BAC is much escalated from
the minimum threshold of .08%. A first offender can often expect: one-year
probation, a license suspension for 45-90 days, and a 16 week mandatory drug
& alcohol education program.
- First offense OUI offenders face
an administrative license suspension of up to one year in Massachusetts,
with the potential for a hardship license after only three (3) months.
However, if a case is resolved via alternative disposition, most offenders
will face license suspension of forty-five (45) to ninety (90) days with
immediate eligibility for hardship license
- Refusals to submit under implied consent laws, for a first offense,
carry mandatory license suspension periods of one hundred and eighty (180)
- Reinstatement of license is
contingent upon payment of reinstatement fines and fees, as well as
case-specific eligibility considerations for a hardship license. If
involved in alternative disposition, reinstatement contingent upon
aforementioned factors, plus completion of Drug and Alcohol Education
interlock device possible for first offenders, including
those involved in hardship license option
How Much Will it Cost?
To get an idea of how much a first offense DUI will cost you, see our article on the cost of a DUI.
- First offense OUI in Massachusetts
carries no mandatory minimum period of incarceration, but offenders face
potential prolonged house arrest. The maximum penalty is two and a half
years. Offenders opting for alternative disposition face no incarceration
or house arrest, but undergo unsupervised probation for one (1) year
- Fines range widely, with minimums
set at $500 and maximums set at $5,000. Actual expenses and costs
significantly higher, including costs of completing sentence, costs of
reinstatement, and if applicable, fees associated with alternative
disposition of OUI case
- Convictions influence sentencing
and charges in subsequent arrests for life
Getting Legal Help
Because first-time OUIs are case-specific (dependent on the facts
of the case), you may want to consult with a Massachusetts first OUI lawyer to
learn more about your legal rights and options.