What are the laws for dui in Massachusetts?

Driving under the influence in Massachusetts is costly, and even a first offense could severely affect your livelihood.  If you are found guilty or plead guilty to the OUI, it will go on your driving record for life.  Massachusetts is a “per se” state so if your blood alcohol content is .08 or higher, you will be found guilty unless it is decided that the test was not administered correctly or the stop was not a legal one. 

First Offense:

• Incarceration not more than 2 ½ years
• Fine $500 - $5,000
• License suspension for 1 year – hardship license available in 6 months

Generally, there is an alternative sentence for your first offense which includes 1 year of probation and a 90 day license suspension.

Second offense:

• 30 day jail sentence is mandatory and up to 2 ½ years
• Fine $600 - $10,000
• 2 year license suspension
• Hardship license may be available after 1 year
• Ignition interlock device for 2 years

The alternative sentence for this offense could result in 2 years of probation, 14 day confined treatment program paid for by the defendant.

For any subsequent offenses, there is no alternative sentencing available and license suspension ranges from 8 years to a lifetime. In addition, Massachusetts is an implied consent state carrying a significant increase in penalties for refusing to take a BAC test.  Furthermore, Melanie’s law took effect in 2005 which increases this refusal significantly.  It also added the offense of an OUI while having a suspended license which carries a 1 year mandatory sentence and a fine from $2,500 to $10,000. Melanie’s law also allows registrations to be cancelled for a 3rd OUI, and vehicle forfeiture for the 4th offense.

If you have been charged with an OUI, please contact an attorney as soon as possible.