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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