Massachusetts DUI Laws

Massachusetts OUI (DUI) Laws and Penalties

OUI penalties depend on the circumstances of the current offense and the number of prior OUI convictions on the driver’s record. But generally, an OUI will result in fines, license suspension, and potential jail time.

First-Offense OUI in Massachusetts

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.

Second-Offense OUI/DUI in Massachusetts

For a second-offense OUI, the judge will order 60 days to two and a half years in jail. However, depending on the circumstances, the offender may be eligible for early release (typically, on probation) after completing at least 30 days of the jail sentence.

Third-Offense OUI in Massachusetts

For a third-offense OUI, the driver will face $1,000 to $15,000 in fines. The judge will also order either 180 days to two and a half years in jail or two and a half years to five years in prison.

What Is Considered a Felony OUI in Massachusetts?

Circumstances such as prior convictions, injuries, and deaths that can make an OUI a felony offense.

Massachusetts’s DUI Implied Consent Law and Refusing Alcohol Testing

Massachusetts’s implied consent law states that anyone who operates a vehicle within the state is deemed to have consented to a test of the driver’s breath or blood. This implied consent requirement applies only to drivers who have been properly arrested for an OUI.