Penalties for OUI (Operating Under the Influence) under Massachusetts drunk driving laws.


An OUI conviction or plea may result in loss of your drivers' license or jail time. Additionally five points will be added to insurance surcharge rating, which will likely result in Thousands of dollars in additional insurance payments.

Massachusetts drunk driving penalties

First Offense

Jail: Not more than 2 years House of Correction
Fine: $500-$5,000
License suspended for 1 year; a work/education hardship license may be considered in 3 months; general hardship request may be made in 6 months

Alternative disposition: Possible outcome you may be able to negotiate down to a License suspension for between 45 and 90 days (210 days for drivers under age 21). Probation with mandatory participation in alcohol-drug education program paid for by defendant

Second Offense

Jail: Not less than 60 days (30 day mandatory), not more then 2 * years
Fine: $600-$10,000
License suspended for 2 years, work/education hardship considered in 6 months; general hardship in 1 year.

Alternative disposition: 2 years probation, 14 day confined treatment program paid for by the defendant. License suspended for two years, work/education hardship considered in 6 months; general hardship in 1 year

Third Offense

Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status)
May be served in a prison treatment program
Fine $1,000-$15,000
License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years

Fourth Offense

Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years (felony status)
Fine $1,500-$25,000
License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years

Fifth Offense

Jail: Not less than 2 * years (24 mos. minimum mandatory), not more than 5 years (felony status) Fine $2,00-$50,000 License for life, no possibility of hardship


What counts as a subsequent offense? Check the following:

The prior OUI will be counted against you, if it was disposed of as a plea of guilty, with a trial resulting in a "guilty" verdict or where an admission to sufficient facts plea (CWOF) was ultimately accepted. Check the date of conviction or finding for the previous offense (not the arrest date) and compare it to the Date of Arrest in the current case, and determine if more than 10 full years have expired. If more than 10 years have passed the subsequent offense will be considered standing alone.

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