Operating Under the Influence

Massachusetts OUI penalties enumerated in Massachusetts General Laws Chapter 90 Section 24 and Massachusetts General Laws Chapter 90 Section 24D.  They are as follows:

First and Second Offense OUI in Massachusetts

First Offense (misdemeanor)

Anyone convicted of a first offense who does not get the “alternative disposition” 24D program faces a fine of anywhere from Five Hundred to Five Thousand Dollars. A two- and one-half year jail sentence is also authorized by statute but is rarely imposed. There is a two hundred fifty-dollar head injury fund assessment that must be paid and a fifty dollar fine known as a “victim/witness assessment.” A one-year license suspension will be imposed.  A hardship license may (not shall) be authorized by the Registry of Motor Vehicles after a hearing with the driver control unit after three months of the suspension are served. 

If a chemical test (breath test/blood test) is offered and refused at the time of the offense, the operator’s license shall be suspended for six months.  There is no possibility of a hardship license in this time unless the operator takes a plea pursuant to 24D, which is discussed below.  Any subsequent suspension for a plea or conviction after trial is added after the six months is expired.  The suspensions do not run concurrently.

24D – Alternative Disposition

This disposition authorizes a forty-five day loss of license rather than the standard one year license loss, so long as the defendant participated the Driver Alcohol Education class, which lasts for approximately four months, and meets once per week for a little over an hour. Probation can last up to two years, but typically only one year is imposed, and the disposition prior to trial is typically a “Continuance Without a Finding (CWOF).”  After trial, if a conviction is secured, a judge still will typically impose the one year probation. 

If this is your second offense, but the first conviction occurred ten years or more since the second arrest date, a judge can impose what is called a “Cahill” disposition, that allows for the defendant to be treated as a first time offender, and receive a 45 day license loss.  This is one of the few instances where the RMV will not treat someone with multiple OUIs regardless of the court’s decision because it is grounded in case law.  A hardship license is available during the chemical test refusal period as well, however it is no guarantee that the RMV will authorize it.  Once your license is restored, an ignition interlock device will be required for two years.  If your license is restored via hardship license, the interlock will be required through the duration of the hardship license, and for an additional two years after the expiration of the suspension.

Second Offense (misdemeanor)

A second time offender faces a fine of anywhere from six hundred dollars up to ten thousand dollars. The minimum jail sentence, if imposed, is sixty days and the statute authorizes up to two and one half years. Probation will be imposed for two years. The license loss is two years, and the RMV may authorize a hardship license a year into the suspension.  As with the “Cahill” disposition, an ignition interlock device will be installed during any hardship period and for an additional two years after that.

There alternative disposition for second offense convictions in Massachusetts is a fourteen day in-patient alcohol education program, in addition to nearly a year’s worth of weekly aftercare meetings in an outpatient setting.  The same hardship availability applies with respect to driver’s licenses, and the suspension is also two years.

If a chemical test is offered and refused on a second time offense, the RMV will suspend the operator’s license for three years.  A hardship is not available during the chemical test refusal period.

Third Offense (Felony)

A third time offender faces a fine anywhere from one thousand dollars to fifteen thousand dollars. There is a one hundred eighty day sentence for a conviction, one hundred fifty of which is mandatory. There is also the possibility of a five year state prison sentence as it is a felony. The loss of license is eight years and the RMV may consider a hardship license after two years.

If a chemical test if offered and refused at the time of the incident, the RMV will suspend the operator’s license for five years. A hardship is not available during this period.  An ignition interlock will be required after reinstatement for the duration of any hardship period and for two years after the expiration of the suspension.

Fourth Offense

The mandatory sentence is one year in jail. This one year sentence must be served in full. The statute authorizes five years in state prison.  A fine can be up to twenty-five thousand dollars. You will lose your license for ten years with hardship possibilities after five years.

However, notably here and for any subsequent OUI hereafter, if a chemical test is offered and refused at the time of the offense, the operator will lose their license for the rest of their life with no possibility of reinstatement, unless there is an acquittal at trial and the judge endorses a motion to restore the operator’s license.

Fifth Offense

A two and one half year house of correction must be imposed if you get convicted of a fifth offense OUI in Massachusetts. Two years must be served. The fine can reach as much as fifty thousand dollars.  The license loss is lifetime.  The RMV does not allow a hardship license for this offense.  Only an appeal to the Board of Appeal on Motor Vehicle Liability and Bonds may authorize a hardship license, with the ignition interlock.  These hardship considerations are few and far between, and typically require several years of proof of sobriety.