This summary covers the judicial penalties for the criminal offense of operating a motor vehicle under the influence of alcohol (OUI, DUI, DWI.) Many other non-judicial penalties will inevitably follow an admission to sufficient facts plea, guilty plea, or conviction. These can include increased insurance cost (or cancellation of coverage), inability to rent cars, job barriers, possible loss of certifications, etc. These non-judicial or economic penalties are not addressed in this Summary.

A Massachusetts Drunk Driving (OUI, DUI, DWI) conviction, guilty plea or admission to sufficient facts (CWOF) will be a permanent part of your driving record. It does not "come off" your record after 5 years...it never comes off your record. Moreover, a conviction, guilty plea or admission to sufficient facts plea is reported to the Massachusetts Registry of Motor Vehicles, which in turn, reports it to the National Driver's License Registry. These computer records are accessible to driver's licensing agencies nationwide.

Any non-resident driver's home state driver's license agency (RMV, DMV, DPS, etc.) will in all likelihood receive a notice from the Massachusetts Registry of Motor Vehicles if any license suspension or case disposition (conviction or admission to sufficient facts) occurs in Massachusetts and the non-resident's license is involved. In almost all cases an admission to sufficient facts plea, guilty plea or guilty verdict in a criminal case for Drunk Driving (OUI, DUI, DWI) in the state of Massachusetts will cause a suspension to occur in the non-resident's home state. A "not guilty" or other non-OUI disposition of the case will prevent such consequences.

BLOOD ALCOHOL CONTENT

As of July 1st, 2003, Massachusetts enacted to so called "per se" Drunk Driving (OUI, DUI, DWI) law. In other words, it is a criminal offense to submit to a chemical or blood test and obtain a result of above a .08, the legal limit in Massachusetts. A failure of the test will result in a 30 day license loss There is no 15 day temporary license.

SUBSEQUENT OFFENDER STATUS

Effective November 30, 2002, "Repeat offender" status for Drunk Driving (OUI, DUI, DWI) cases is determined in Massachusetts based upon a "Lifetime Lookback." In deciding the extend to which a repeat offender should be punished, most judges will look at a person's lifetime record. The last sheet of this page is a GRID which sets out in a handy chart the MANDATORY MINIMUM punishment for Drunk Driving (OUI, DUI, DWI) cases.

REMEMBER, Drunk Driving (OUI, DUI, DWI) cases are counted in a Lifetime. This has a dramatic affect on any person charged.

Massachusetts DUI Attorney Disclaimer: DUI and any other information on this website should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship.

Any results portrayed here were dependent on the facts of that particular case and the results will differ if based on different facts. Please contact a Massachusetts DUI Attorney for a consultation on your particular legal matter.

PENALTIES

FIRST OFFENSE

• Incarceration: Not more than 2 years House of Correction

• Fine: $500-$5,000

• License suspended for 1 year, work/education hardship considered in 3 months, general hardship in 6 months

Alternative disposition

• Probation with mandatory participation in alcohol-drug education program paid for by defendant

• License suspended for 45 to 90 days (210 days for drivers under age 21)

• Eligible for Hardship license after three business days, assuming you have completed intake alcohol-drug education program

• Available for 2nd offenses after a 10 year time frame upon finding by court. NOTE: 2 year loss of license may be imposed, however you you will be eligible for a hardship license after three business days assuming you have completed intake alcohol-drug education program

SECOND OFFENSE

• Incarceration: Not less than 60 days (30 day mandatory), not more than 2 years

• Fine: $600-$10,000 License suspended for 2 years, work/education hardship considered in 1 year. Ignition Interlock device required under G.L. ch. 90, § 24 ½.

Alternative disposition

• 2 years probation

• 14 day confined treatment program paid for by the defendant

• License suspended for two years, work/education hardship considered in 1 year. Ignition Interlock device required under G.L. ch. 90, § 24 ½.

THIRD OFFENSE

• Incarceration: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (Felony status)

• May be served in a correctional facility treatment programs

• Fine $1,000-$15,000

• License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years. Ignition Interlock device required under G.L. ch. 90, § 24 ½.

FOURTH OFFENSE

• Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years (Felony status)

• Fine $1,500-$25,000

• License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years. Ignition Interlock device required under G.L. ch. 90, § 24 ½.

FIFTH OFFENSE

• Incarceration: Not less than 2 years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)

• Fine $2,000-$50,000

• License for life, no possibility of hardship

LICENSE REINSTATEMENT FEES

• First Offense $500.00

• Second Offense $700.00

• Third Offense $1,200.00

• Refusal/Failure - Breath Test $100.00