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Massachusetts DUI Laws


Massachusetts DUI Laws stipulate that you can be charged with driving under the influence if you qualify in one of the following:

(1) your blood alcohol content is 0.08% or higher;

(2) for minor under 21, your BAC is 0.02% or more; and

(3) for commercial vehicle drivers, your BAC is 0.04% or more. A DUI violation is called operating under the influence (OUI) in the state of Massachusetts; however, it still means the same thing. Massachusetts enacted the Melanie’s Law in 2005 increasing the penalties of drunk driving in the state.

Once an arresting officer asks you to pull over, you will be requested to take the BAC test to determine the amount of alcohol in your system. If you refuse to take the test your driver’s license will be suspended. This refusal can be used against you in the court case filed.

Your OUI case will be tried by the court and an administrative hearing will also take place. For the administrative hearing, you will be given 10 days to request for a hearing before the court will automatically decide to suspend your driver’s license.

Massachusetts is different from other states because it imposes severe punishments for OUI offenders. If proven guilty, you will face the following penalties, fines, and license suspensions:

1. First OUI offense – jail time of up to 30 months, fines from $500 to $5,000, assessment fee of $250, and a $50 DUI Victim Trust Fund. Your license will be suspended for 1 year;
2. Second OUI offense – jail time of 30 days up to 30 months, fines from $600 to $10,000, and license suspension for 2 years;
3. Third OUI offense – jail time of 150 days up to 5 years, fines from $1,000 to $15,000, license suspension for 8 years;
4. Fourth OUI offense – jail time of 1 to 5 years, fines from $1,500 to $25,000, and license suspension for 10 years; and
5. Fifth OUI offense – jail time of 2 to 5 years, fines from $2,000 to $50,000, and permanent license suspension.

Aside from these penalties and fines, you will also be mandated to participate in a court-assigned program for alcohol and/or drug treatment. Moreover, you can also apply for a hardship license for the 2nd to 5th offenses. The eligibility of the hardship license will vary for each offense, but an ignition interlock device should be installed in your vehicle as per requirement of Massachusetts DUI Laws.

Where other states permit OUI convictions to be removed from a person’s criminal record after a certain period of time, Massachusetts does not. These OUI offenses will remain in your record for a lifetime.