What are the common penalties if you are charged with a First OUI offense in Massachusetts?

common penalties

A common concern for Individuals facing a first offense OUI in Massachusetts is what the potential penalties may be.

It is important to understand that on a first OUI offense, while jail is possible under the law, it is highly unlikely for a routine case and for someone with no record. A first offense OUI does carry a maximum penalty of 2.5 years in the house of correction. However, the table to the right represents the common sentence for a First Offense OUI.

The table displays the most common sentence whether someone is found guilty after trial or admits to a Continuance Without a Finding or CWOF as part of a plea deal. If you resolve the case prior to trial, in almost all cases you will receive a Continuance Without a Finding for a year with the same conditions of probation as listed in the table.

License Consequences: OUI Penalties with the Registry of Motor Vehicles

While these are the consequences of an OUI conviction in court a first offense, OUI does impose some additional penalties in terms of your license. This will depend on whether you took or refused a breath test.

The RMV will impose these administrative penalties.

  • If you REFUSED to take a breath test you will face a six-month suspension of your license if it is your first offense and you are over 21 years of age.
  • If you took a breath test and FAILED you would face a 30-day license loss.
There are two types of License suspensions for an OUI:
  • An OUI conviction or admitting admit guilt to the OUI offense.
  • Refusing the breath test or having a breath test over .08.

NOTE: In some cases, you will have completed the registry license suspension- whether for failing the breath test or refusing to take it- prior to the actual OUI offense being resolved in court. This means you will face an additional suspension depending on whether you are convicted of an OUI or not.

Hardship License Eligibility

There is no eligibility for a hardship license while the breath test refusal suspension or breath test failure suspension is running UNLESS you resolve the underlying OUI charge and receive a plea deal involving completing the 24D Alcohol Education Program. However, if the case is still pending after six months or after the 30 day suspension, you can obtain your full license back while the case is pending, and should do so when eligible.

Need help?

License consequences and the consequences of the convictions can be confusing. If you have any questions about this page or an OUI charge, feel free to call me directly at 781-686-5924.

I explain penalties for a first offense OUI everyday and will be happy to discuss your case with you. Alternatively, I recommend these pages for further reading about a first offense OUI:

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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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