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'Observe, Don't Overserve' in Effect for Norfolk Holiday Season

November 12, 2013 - An anti-DUI campaign aimed at training bartenders about observing customer behavior and not over serving alcohol to customers is set to be unleashed in Norfolk this holiday season by the District Attorney. (MORE)

Trooper Charged with DUI in Crash

November 25, 2013 - Massachusetts State trooper Shawn D'Amato has been charged with DUI for an off-duty crash with on-duty trooper John Phonesavanh on Route 1. (MORE)

Massachusetts DUI Laws

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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
  • Yes, by getting a Massachusetts driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in a 180-day or 3-year suspension of your driver's license, depending on prior convictions

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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
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

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