Massachusetts DUI Laws
In Massachusetts, a "drunk driving" charge is called Operating Under the Influence (OUI). Depending on factors such as prior OUI convictions, penalties for an OUI charge may include a license suspension of up to 10 years, $500 to $25,000 in fines, probation, incarceration and community service. A reduction in penalties is often possible (e.g., with alcohol education classes), and first offenders may even have a clean record upon successful participation in a diversion program. If you have been charged with OUI, you need an experienced OUI lawyer who will fight for the best outcome possible in your case.
Melanie's Law is a recent addition to the OUI laws. Melanie's law contains both new and harsher drunk driving penalties and sanctions. For example:
- Repeat offenders (Massachusetts considers your entire history, called "Lifetime Look-Back Law) are now required to install an ignition interlock device (IID) in their vehicles before they can get a hardship license or a license reinstatement.
- Persons operating a motor vehicle under the influence with a child under the age of 14 in the vehicle can be charged with two crimes at once: 1) OUI and 2) child endangerment while operating under the influence.
- Persons who refuse or fail a chemical test are no longer allowed a 15-day temporary license. In addition, the offender's vehicle will be impounded for 12 hours.
To get the most up-to-date information about Massachusetts OUI laws and how they may apply to your case, it is best to speak to a Massachusetts OUI lawyer.
Just because a person is arrested for DUI does not mean he or she will be convicted. A Massachusetts OUI attorney will review the facts and circumstances of your case to uncover any police mistakes, unreliable tests, and other issues that help support your defense and protect your legal rights. If you or someone you know has been arrested for OUI, contact a Massachusetts lawyer today.
Massachusetts DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Massachusetts BAC laws may differ from those of other states, as follows.
| Massachusetts BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st and Subsequent Offenses | 30 days (or until end of court case) license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 180-day to 1-year license suspension, depending on age |
| Temporary License | No |
| Administrative Hearing | Yes |
| Limited Privileges Possible | No |
| Refusal to Submit to BAC Test | |
| 1st Offense | 180-day license suspension |
| Subsequent Offenses | 3- or 5-year license suspension, depending on prior convictions |
| "Zero Tolerance" (BAC for Someone Under 21) | At least 3 or 5 years license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 1 year (may have hardship license) |
| Prison Term and Community Service | Up to 2.5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 to $5,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
- Completion of an alcohol education course may reduce license suspension.
| Second DUI/DWI Offense | |
| License Suspension | 2 years (may have hardship license) |
| Prison Term and Community Service | 30 days to 2.5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $600 to $10,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense | |
| License Suspension | 8 years (may have hardship license) |
| Prison Term and Community Service | 150 days to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $15,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Fourth DUI/DWI Offense | |
| License Suspension | 10 years (may have hardship license) |
| Prison Term and Community Service | 1 to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,500 to $25,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Massachusetts Department of Transportation