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Attorney Representation in Massachusetts since 1998

Massachusetts OUI Law

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 drunk driving charge in Massachusetts will stay on your record permanently

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.

Our Massachusetts OUI Lawyer is here to help. Call us to review your case.

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.


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.


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.