Will I Go To Jail For OUI in Massachusetts?

DUI in Massachusetts is a serious crime and can result in jail. In fact, it is the most serious crime many will face. Additionally, often the motorist charged has little or no experience with the criminal justice system and doesn’t know where to turn.

Typical Offense Procedures for DUI Offenses:

  1. First Offense: Jail time is rarely imposed. The typical disposition after trial or on a plea agreement is a 1-year probation period with the condition of completing the 24D Alcohol Education Program.
  2. Second Offense: The likelihood of jail time will depend on the judge hearing the case, the length of time between offenses, and the strength of the charge against the motorist. On a plea agreement, most judges will order probation with the requirement of completing an in-patient alcohol program that is 14 days. After trial, the risk of jail time depends on several factors, you should discuss with an experienced Massachusetts DUI attorney.
  3. Third Offenses and Higher: a 3rd offense carries a mandatory minimum jail sentence of 150 days while a 4th offense carries a one year mandatory sentence.

Penalties authorized under Massachusetts OUI Law:


Whether you go to jail or not will depend on several factors including:

  • Was there an accident involved?
  • Do you have a previous drunk driving conviction?
  • Have you violated your probation? Violating probation can mean jail time with little or no ability to fight for your freedom because probation hearings are impose a lesser standard of proof to establish a violation.
  • Have you sought representation from a dedicated and experienced Massachusetts criminal defense lawyer?

An experienced defense lawyer will contest issues such as:

  • Suspicion for the traffic stop
  • Results of field sobriety and breathalyzer tests
  • The officer’s training and conduct at the scene
  • Cases in which a defendant is arrested at a field sobriety checkpoint or law enforcement roadblock will be aggressively challenged

Massachusetts Drunk Driving Defense Lawyer Michael DelSignore fights to protect the rights of motorists charged with DUI throughout the Commonwealth.

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