Motor Vehicle OUI/DUI.

Information about Driving or Operating under the influence (OUI/DUI)

There is no set penalty for a DUI/OUI in Massachusetts. The nature of the offense determines the severity and nature of the punishment. However, all DUI/OUI convictions lead to a Registry of Motor Vehicles license suspension. This means that offenders are not allowed to operate a vehicle for a set amount of time. Many cases also result in jail time and hefty fines.

An attorney who is experienced in handling DUI/OUI cases will start investigating your case right away, so as not to lose any evidence that may exist that could be in your favor, collecting records and documents to assist with your defense, and strategizing the best way to deal with your unique case for the best possible outcome.

Offenses for OUI/DUI and penalties

Penalties for a first offense

If you are facing your first DUI charge, be encouraged that your penalties will not be as severe as those for a repeat offender. Some common sentences for a first OUI include:

• 1 year with an alcohol program and 45 day license loss, with a maximum of 2.5 years in a House of Correction

• A fine with a minimum of $500 and a maximum of $5,000

• License suspension for up to one year

• Probation with the completion of an alcohol education program paid for by the defendant

All of these penalties are generally negotiable. Even if you are proven guilty, your defending attorney may suggest a lighter sentence. If you accept a plea bargain in your case, you may also merit a lesser penalty.

Additional Offenses

Consequences get harsher depending on your BAC level (Blood Alcohol Level) and the number of times you have been convicted of a DUI. Massachusetts also has a "lifetime lookback" law which means that your previous OUI convictions will never disappear from your record. They will always be taken into consideration for new convictions.

Second and later offenses

Second offenders are typically required to attend a two-week inpatient program at Tewksbury hospital, which serves as a detox and lays out a 26-week long treatment plan. Additionally, the RMV will suspend your license for 2 years and you will be required to hook up what is known as an “Ignition Interlock Device” to your vehicle.  You will have to blow into this device every time you start your car, and then again while the car is moving. Any reading above .02 will be sent to the RMV and further penalties may follow.

• A third offense calls for a six-month mandatory minimum jail sentence and 8-year license loss. 

• A fourth offense calls for more mandatory jail time and a 10-year license loss. 

• A fifth offense is a lifetime license loss and minimum 2.5 years in jail. If the case is indicted, the jail sentences are even longer. 

Get more information on sobriety tests and blood alcohol levels

Drivers under the age of 21

The legal drinking age in Massachusetts is 21. Unfortunately underage drinking - and driving - still occurs with some frequency. Drivers younger than 21 typically face harsher OUI penalties.

All of these laws are outlined in the Massachusetts General Law Chapter 90 Section 24. The greatest difference between Adult DUIs and Under 21 DUIs is the length of license suspension. An underage driver will receive a minimum 180-day suspension, with a maximum of 390 days.

The long-term impact of such cases can be severe. A criminal record at such a young age will count against you as you go forward in life with college, or employment, affecting your future in many ways.

You will want an attorney on your side who can assist you in your defense, possibly getting a dismissal of charges, but if not, an experienced attorney will be able to start procedures in motion to try and eventually seal or even clear your record, so that a youthful indiscretion does not follow you into your adult life.