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Massachusetts DUI Laws & Penalties

Massachusetts DUI Laws

Massachusetts DUI law uses the terms OUI, DUI and DWI to describe the crime of drunk driving, respectively they stand for operating under the influence, driving under the influence, and driving while intoxicated.

In addition to the OUI or DUI charge that the state of Massachusetts will bring against you there is also the 'per se' charge which makes it a crime to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. No evidence of impairment is required to be found guilty of the per se charge, all that is required is a chemical test result at .08% or greater.

A Massachusetts DUI or OUI will bring both administrative penalties (actions the DMV will take against your Massachusetts drivers license) and criminal penalties such as court imposed fines, community service, and jail time. Since 2005 the penalties have gotten much more harsh with the introduction of Melanie's Law which enhances punishments and administrative actions of OUI offenders.

Your can read more about the Massachusetts Melanie's Law here.

Massachusetts First Offense DUI Punishments

  • Up to 2 years in jail
  • Fine:  $500 - $5,000
  • Drivers license suspension of 1 year

Massachusetts Second Offense DUI Punishments

  • Jail time:  30 days to 30 months
  • Fine:  $600 to $10,000
  • Drivers license suspension for 2 years

Massachusetts Third Offense DUI Punishments

  • A 3rd DUI offense in MA is considered a Felony
  • Jail time:  150 days to 5 years
  • Fine:  $1,000 to $15,000
  • Drivers license suspension for 8 years

Massachusetts Fourth Offense DUI Punishments

  • A 4th DUI offense in MA is considered a Felony
  • Jail time:  12 months to 5 years
  • Fine:  $1,500 to $25,000
  • Drivers license suspension for 10 years

Massachusetts Fifth or Subsequent Offense DUI Punishments

  • A 5th DUI offense in MA is considered a Felony
  • Jail time:  24 months to 5 years
  • Fine:  $2,000 to $50,000
  • Lifetime drivers license revocation

Massachusetts BAC Assumptions

  • BAC levels of .001 to .05 are not considered to be under the influence
  • BAC levels of .051 to .079 no assumptions are made and is not admissible as evidence
  • BAC levels of .08 or greater are considered to be under the influence

Massachusetts Implied Consent Laws

  • Chemical testing is allowed. Blood and breath tests.
  • The officer must inform the defendant of the penalties for a test refusal.
  • There is no immediate license suspension for test results.
  • Test refusal results in a 120 day to 1 year license revocation and is admissible in a license revocation hearing.

Chemical Testing

  • Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person.
  • The defendant must be given a reasonable amount of time to arrange for an independent chemical test. The costs of an independent test are the responsibility of the defendant.
  • Test results must be made available to the defendant and his or her Massachusetts DUI attorney upon request.

Massachusetts DUI Drivers License Issues

The Massachusetts RMV lists OUI drivers license penalties and procedures for getting your driving privileges restored.

SR22 Insurance

Massachusetts requires people convicted of DUI to maintain DUI insurance; or high risk auto insurance otherwise known as an SR22 insurance policy.  Some of the big companies do provide SR22 insurance but most do not.  That means you will have to turn to a company that specializes in this type of high risk auto insurance.

Massachusetts SR22 insurance is required for a period of 3-years following a drunk driving conviction and can be very expensive if you go with the wrong provider.  We have partnered with the largest and most trusted SR22 insurance provider here in the state of Massachusetts and have worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in Massachusetts for any less.  Type in your zip code below so we can provide the cheapest rates in your area.





Additional Massachusetts DUI Resources