Massachusetts DUI Laws

Unlike most states, Massachusetts does not make any allowances for time elapsed since a previous conviction for operating a motor vehicle under the influence (OUI) when deciding punishment for a current conviction. A repeat offense carries the same penalties whether it's been many years or only months since a previous offense. And the third time is a felony.

The penalties for a first OUI conviction, which is considered a misdemeanor, can include a one-year suspension of driving privileges, a fine of between $500 and $5,000, and up to 2½ years in jail. After three months, offenders may apply for limited reinstatement of the driving privilege to get to and from work or school only.

Plea Bargain May Result in Reduced Penalties

The court has the option of reducing these penalties as part of a plea bargain, in exchange for probation and participation in an alcohol education treatment program.

A second DUI conviction, also a misdemeanor, can include a two-year license suspension. Application for limited reinstatement cannot be made for six months. A minimum of 30 days in jail is mandatory, with the option of up to 2½ years. The fine range increases to between $600 and $10,000.

Third Conviction May Lead to State Prison

A third OUI is considered a felony. Mandatory jail time goes up to 150 days; time over 180 days and up to five years will be served in a state prison. The fine can be up to $15,000. The state seizes and sells the offender's vehicles and imposes an eight-year license suspension. A limited reinstatement application is not allowed for two years.

If you're arrested for OUI in Massachusetts, you need the help of an experienced attorney, to ensure your rights as a defendant. Your attorney will know if it's appropriate to fight the charges or to enter into a plea bargain. If a plea bargain is indicated, your attorney will fight to get you the best possible terms, so that you can get on with your life.