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.
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.
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.
Sobriety checkpoints are legal in Massachusetts (see 521 N.E.2d 987 (Mass. 1988)). These checkpoints (also referred to as "mobile checkpoints" or "roadblocks") are police traffic stops that are not tied to any specific or individual suspicions.
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.