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 after the expiration of your 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.
|
OUI DRUGS
Click here to read about OUI Drugs.
|
 |
| 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.
|
|
|
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 then
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
|
|
|
|
