The law regarding drunk driving in Massachusetts is set down in Massachusetts General Law Chapter 90, Section 24. In order to be found guilty of Operating Under the Influence (OUI), it must be proven beyond a reasonable doubt that you were (1) operating a motor vehicle, (2) on a way to which the public has access, (3) while having a BAC of .08 or higher OR while under the influence of intoxicating liquor or drugs.

The following is a list of the penalties you can face if you are convicted of OUI in Massachusetts. In addition to the penalties listed, there can be significant other costs associated with a conviction or guilty plea, such as an increase in interest rates, or potential job complications.

1st Offense:

• Jail: No more than 2 1/2 years imprisonment in a House of Corrections.
• Suspension of license for 1 year (work/education harship considered in 3 months, general hardship considered in 6 months).
• $500-$5,000 fine.

Alternative Disposition:

• 1 year probation.
• Mandatory participation in a 16 week alcohol-drug education program (paid for by defendant).
• Suspension of license for 45-90 days (210 days for defendant under 21).
• Hardship license available immediately.

2nd Offense:

• Jail: No less than 60 days (30 day mandatory), no more than 2 1/2 years.
• Suspension of license for 2 years (work/education hardship considered in 1 year, general hardship in 18 months).
• $600-$10,000 fine.
• Ignition Interlock Device(IID) installed for a period of 2 years upon issuance of hardship license or license reinstatement.

Alternative Disposition:

• 2 years probation.
• 14 day confined alcohol treatment program (paid for by defendant)
• Suspension of license for 2 years (work/education hardship considered in 1 year, general hardship in 18 months).
• IID installed for 2 years upon any reinstatement of license.
• If prior offense is more than 10 years old a Section 24D Disposition may be available, decreasing the penalty to that of a 1st Offense Alternative Disposition.

Third Offense:

• Jail: No less than 180 days (150 days mandatory), no more than 5 years in State Prison (felony status). May be served in prison treatment program, if available.
• Suspension of license for 8 years (work/education hardship considered in 2 years, general hardship in 4 years).
• $1,000-$15,000 fine.
• State seizure and sale of vehicle.
• There is no Alternative Disposition for a 3rd or subsequent offense.

4th Offense:

• Jail: No less than 2 years (1 year mandatory minimum), no more than 5 years in State Prison (felony status).
• Suspension of license for 10 years (work/education hardship considered in 5 years, general hardship considered in 8 years).
• $1,500-$25,000 fine.

5th Offense:

• No less than 2 1/2 years (2 year mandatory minimum), no more than 5 years in State Prison (felony status).
• Suspension of license for life (No possibility of hardship license).
• $2,000-$50,000 fine.

See our page on Melanie’s Law for information on new laws and penalties related to drunk driving.