Second Offense DUI/OUI in Massachusetts

You are violating Massachusetts State Law if you drive with a blood alcohol content, or BAC level, of .08 percent or higher. This limit is lower for drivers of commercial vehicles and drivers under the age of 21. In Massachusetts, a DUI is also known as “OUI” (Operating Under the Influence).  A law known as “Melanie’s Law” was enacted in 2005 to increase the penalties of Massachusetts’ drunk driving laws.

Administrative Penalties

If you are convicted of a second DUI offense, the following administrative penalties will occur:

• A fine between $600-$10,000.  
• Can only obtain a “hardship license” (driving privileges for a limited time period for driving to work) after 1 year from the conviction.
• An ignition interlock device provided at your own expense is required to regain your license.

Criminal Penalties

If you are convicted of a second DUI offense, the following criminal penalties are possible:

• A jail sentence of up to 2.5 years.  
• Driving license is suspended for 1 year.
• You will be charged with Child Endangerment if a person under the age of 14 is in the vehicle with you at the time of your arrest, which can add 3 months to 2.5 years in prison, an additional drivers’ license suspension of 1 year, and a fine of $1,000-$5,000.

The Lookback Period

Massachusetts courts look back 5 years to see if you had a prior drunk driving conviction before counting a conviction as a second one.  If this is your second drunk driving conviction in a 5-year period, the penalties mentioned above will apply.

Felony vs. Misdemeanor in Massachusetts

First and second offenses without injuries are misdemeanors.  However, if there are injuries resulting from a DUI, the crime is a felony, even if it’s only your first or second DUI offense.

Plea Options

The individual can do any of the following:

• Plead Guilty – the individual admits to everything with which he/she is charged and will accept whatever penalty the court imposes.
• Plead Not Guilty – the individual does not admit to anything with which he/she is charged and challenges the State of Massachusetts to meet its burden of proof.
• Plea Bargaining – For a second offense, you can usually plea bargain for a 2-week hospitalization and a 2-year license loss.

Obtaining Legal Help

Cases involving a person drinking and driving, especially when he/she has children in the vehicle at the time of arrest, can be trying and challenging for all involved.  An established and experienced DUI/DWI lawyer will know the State of Massachusetts DUI/DWI laws that apply to your case and will be able to formulate the strongest possible defense for your specific case.