Massachusetts OUI Penalties
If you were charged with a Massachusetts OUI, you may be wondering:
In this page, I have listed the penalties for a Massachusetts OUI offense at each offense level, what the maximum penalties authorized by law are and what the likely penalties are for before and after trial.
Each offense level carries with it different consequences in terms of potential for jail time and license consequences upon conviction and for refusing the breathalyzer test.
- The number of prior offenses to this case
- The outcome of the case
- Whether you refused the Breathalyzer
*Massachusetts has a lifetime look back for all prior OUI convictions whether within the State or outside of Massachusetts. Sometimes a prosecutor may be unaware of a prior offense. If that happens while you will avoid the criminal penalties associated with the higher offense, the Registry of Motor Vehicles will suspend your license if you are found guilty according to their records, which could result in the RMV imposing a more severe suspension than the court*
|DUI/OUI Offense||Penalty||More information|
The most common disposition is a license suspension for 45 days.
An individual who is found guilty of a first offense or who enters a plea agreement generally is placed on probation for one year with the same terms and conditions of probation as if a plea was accepted.
If you are under 21 and are found guilty of OUI, the license suspension is 210 days for a first offense.
A five year license loss if the breathalyzer was refused and if 2 offenses were within 10 years. All license suspensions run one after another, so if the 3 year refusal suspension is upheld and a 2 year loss is given, the total license loss would be five years with hardship eligibility after the fourth year.
An individual can avoid jail time by receiving the alternative disposition- the completion of an in-patient alcohol treatment program. This includes:
A third offense involves a difficult choice: what is more important, attempting to secure your driver’s license or avoiding jail time? Your answer to this question and your Massachusetts OUI Lawyer’s evaluation of the case will determine how you proceed.
In some cases the Commonwealth may agree to reduce a third offense to a second offense, resulting in you avoiding the mandatory jail time required for this offense. However, you will still face the license loss associated with a third offense.
CHILD ENDANGERMENT AND MASSACHUSETTS DUI CHARGES
Under Massachusetts DUI law, if you had a child under 14 in your vehicle when you were charged, you will also be charged with operating under the influence child endangerment. The Child Endangerment law carries severe consequences with a potential prison sentence of 2 1/2 years and a one-year license loss.
Given the severe consequences of an OUI child endangerment charge, it is important to contact an experienced Massachusetts DUI lawyer to confront any OUI child endangerment charges Massachusetts. Click here for more information on Child Endangerment Laws.
- Connecticut increased DUI penalties by requiring ignition interlock device for 1st offense drunk driving convictions The state of Connecticut has increased its drunk driving laws requiring an interlock device, a breathalyzer in the car, in the vehicle of anyone ....
- Massachusetts OUI Law and Mandated Breath-Test Ignition Devices Massachusetts OUI offenders who are convicted of their second offense are mandated to have breath test ignition devices installed in their vehicles. ....
- Technology will continue to impact OUI defense in Massachusetts From portable breathalyzer tests, to ignition interlock devices, to the next big thing in drunk driving prevention, technology is playing an ....