Massachusetts Drunk Driving Law and Massachusetts OUI Penalties
OUI is a very severe charge under Massachusetts drunk driving law! Below you can read a list of the Massachusetts OUI penalties for a conviction of Driving/Operating Under the Influence for the first, second, third, fourth and fifth offenses in Massachusetts. Some of the Massachusetts OUI penalties can change your life forever. When you find yourself facing OUI charges, it is of the utmost importance to have experienced, PROVEN legal representation in Massachusetts drunk driving law cases. Let Attorney Bowser protect your legal rights. Contact him at 1-888-526-9737 between 9AM and 5PM, or send Attorney Bowser details of your arrest using the form to the right.
Massachusetts OUI penalties can differ depending on the facts of your individual case, as well as the nature of the charges you're facing. License suspension penalties for breath test refusals may apply in Massachusetts drunk driving law cases.
FIRST OFFENSE OUI/DUI:
- FINES: $500 - $5,000
- JAIL: up to 2.5 years
- LICENSE SUSPENSION: 1 year suspension.
- Alternative Disposition: Mandatory 16 week alcohol drug education; 1 year probation; license suspension 45-90 days (210 day suspension if under the age of 21). Hardship License if eligible.
SECOND OFFENSE OUI/DUI:
- FINES: $600 - $10,000
- JAIL: not less than 60 days - 2.5 years, mandatory minimum 30 days;
- LICENSE SUSPENSION: 2 year suspension (may be eligible for work and Hardship license after 12 months, or for a general Hardship license after 18 months).
- Alternative Disposition: 14 days in-patient alcohol treatment program; installation of an Ignition Interlock Device for 2 years; 2 year License Suspension (may be eligible for work and education Hardship License after 12 months or general Hardship License after 18 months). No Hardship License eligibility for 3 additional years if breath test was refused.
THIRD OFFENSE OUI/DUI:
- FINES: $1,000 - $15,000;
- JAIL: 180 days - 5 years, mandatory minimum 150 days.
- LICENSE SUSPENSION: 8 year suspension (may be eligible for work or education Hardship License after 2 years or general Hardship License after 4 years. No Hardship License eligibility for an additional 5 years if breath test was refused.
- OTHER: mandatory vehicle seizure, installation of ignition interlock device required for license reinstatement.
- No Alternative Disposition is available for a third offense Massachusetts DUI/OUI conviction.
FOURTH OFFENSE OUI/DUI:
- FINES: $1,500 - $25,000
- JAIL: 2 years - 5 years, mandatory minimum 1 year.
- LICENSE SUSPENSION: 10 year suspension (may be eligible for a work or education Hardship License after 5 years or general Hardship License after 8 years.
- OTHER: Possible mandatory vehicle forfeiture, installation of ignition interlock device required for license reinstatement.
- No Alternative Disposition is available for a fourth offense MA DUI/OUI conviction.
FIFTH OFFENSE OUI/DUI:
- FINES: $2,000 - $50,000
- JAIL: 2.5 years - 5 years, mandatory minimum 24 months.
- LICENSE SUSPENSION: Lifetime suspension (no Hardship License eligibility).
- OTHER: Possible mandatory vehicle forfeiture.
- No Alternative Disposition is available for a fifth offense Massachusetts DUI/OUI conviction.
OUI/DUI WITH CHILD ENDANGERMENT:
- FINES: $1,000 - $5,000
- JAIL: mandatory minimum 90 days - 2.5 years
- LICENSE SUSPENSION: 1 year for first offense, 3 years for second or subsequent offense, in addition to the license suspension penalty imposed under the DUI/OUI charge (to be served consecutively).
MANSLAUGHTER BY MOTOR VEHICLE:
- FINES: Up to $25,000
- JAIL: Mandatory minimum 5 years - maximum 20 years in prison;
- LICENSE SUSPENSION:: Mandatory minimum 15 year suspension - maximum lifetime suspension.
DUI/OUI VEHICULAR HOMICIDE:
- Mandatory minimum 2.5 years in prison - maximum 15 years in prison
- Lifetime driver's license revocation; substantial fines.
VEHICULAR HOMICIDE WHILE OPERATING TO ENDANGER:
- Mandatory minimum 30 days in jail
- maximum 2.5 years
- 15 year license suspension; substantial fines.
