Massachusetts OUI Penalties

If you’re arrested, your life can change in an instant. The potential consequences of being convicted can seriously alter your day-to-day life and your future. This is especially true if you’re facing penalties for OUI in Massachusetts.

You see, Massachusetts OUI laws are some of the strictest in the entire country. One of the more famous examples is Melanie’s Law. Passed in 2005, this legislation established the MA Ignition Interlock Device Program and made OUI penalties in MA far more severe.

However, your potential penalties aren’t yet set in stone.Working with an experienced, skilled, and focused New Bedford OUI attorney is the best way to protect your rights and minimize these consequences. Call New Bedford OUI Lawyer Courtney K. Fogarty of Fogarty Law today at (508) 317-0339 for your free 60-minute case evaluation.

OUI Penalties Overview

OUI Offense Level	Criminal Penalties	Administrative Penalties	Impact on Insurance
First-Time OUI	– Fines and court costs	– License suspension	– Increased premiums
Second-Time OUI	– Increased fines	– Longer license suspension/revocation	– Higher insurance premiums
Third-Time OUI and Beyond	– Substantial fines	– Extended license suspension/revocation	– Significant increase in insurance premiums
OUI Accident with Injuries or Fatalities	– Severe fines	– Prolonged license suspension/revocation	– Dramatic increase in insurance premiums
Refusing Breathalyzer Test	– License suspension (typically 180 days)	– License suspension (typically 180 days)	– May still face higher insurance premiums

1st OUI Offense Penalties (Guilty Verdict or Plea)

The penalties for OUI in Massachusetts primarily depend on whether you have any past OUI convictions. With this in mind, here are the possible 1st OUI offense penalties if you plead or are found guilty:

• Fines ranging between $500 – $5,000
• Up to 2.5 years in jail
• License suspension for up to 1 year
• Mandatory three-month waiting period before you’re eligible for a hardship license
• An additional 30 days of license suspension if you fail the breath test
• An additional 180 days of license suspension if you refuse the breath test

1st OUI Offense Penalties (Plea Agreement or Alternative Disposition)

In Massachusetts, first-time offenders are often eligible for 24D Disposition, which is an alternative path to resolve your case. Penalties associated with this option include:

• Case ruled as “Continuance without a finding” (you aren’t convicted)
• Up to 2 years probation
• License suspension for 45 – 90 days
• Mandatory three-day waiting period before you’re eligible for a hardship license
• Mandatory enrollment in alcohol education program
• An additional 180 days of license suspension if you refuse the breath test

2nd OUI Offense Penalties (Guilty Verdict or Plea)

OUI Penalties in MA for a second offense where you either plead or are found guilty include:

• Fines ranging between $600 – $10,000
• Minimum of 30 days in jail, up to 2.5 years
• License suspension for up to 2 years
• Mandatory one-year waiting period before you’re eligible for a hardship license
• Mandatory installation and usage of an ignition interlock device (IID)
• An additional 30 days of license suspension if you fail the breath test
• An additional 3 years of license suspension if you refuse the breath test

2nd OUI Offense Penalties (Plea Agreement or Alternative Disposition)

The Commonwealth allows many drivers charged with their 2nd OUI offense to undergo an alternative to jail time called the Driving Under the Influence of Liquor (DUIL) Program. In this scenario, you’d plead guilty and receive a sentence of 2 years probation.

As part of the DUIL Program, you also pay for and participate in a 14-day inpatient treatment, where you receive education and counseling.

However, you’re still formally convicted even if you go this route.

You may also be eligible for what’s called a Cahill Disposition If your first OUI conviction was more than 10 years ago. Basically, the court treats your second OUI offense as your first, and you’re granted the 24D Disposition.

But there are caveats. You’ll be required to have an ignition interlock device in your vehicle for 3 years. And if you’re arrested for a third OUI, it’ll be treated as your third—not your second.

3rd OUI Offense Penalties (Guilty Verdict or Plea)

The potential penalties for your 3rd OUI in MA if you plead or are found guilty are:

• Fines ranging between $1,000 – $15,000
• Mandatory prison sentence of at least 150 days, up to 5 years
• License suspension for up to 8 years
• Mandatory two-year waiting period before you’re eligible for a hardship license
• Mandatory installation and usage of an ignition interlock device (IID)
• An additional 30 days of license suspension if you fail the breath test
• An additional 5 years of license suspension if you refuse the breath test

Unlike with a 1st or 2nd OUI offense in New Bedford, your 3rd (and any subsequent) OUI arrests aren’t automatically eligible for alternative dispositions. A plea agreement for a 3rd, 4th, or 5th OUI rarely makes sense because you’ll typically still serve mandatory jail time.

4th OUI Offense Penalties

Possible 4th OUI penalties in MA include:

• Fines ranging between $1,500 – $25,000
• Mandatory prison sentence of at least 1 year, up to 5 years
• License suspension for up to 10 years
• Mandatory five-year waiting period before you’re eligible for a hardship license
• Mandatory installation and usage of an ignition interlock device (IID)
• Mandatory 90-day enrollment in alcohol education program
• An additional 30 days of license suspension if you fail the breath test
• A lifetime license suspension if you refuse the breath test

5th OUI Offense Penalties

A conviction for a 5th OUI in Massachusetts carries the following consequences:

• Fines ranging between $2,000 – $50,000
• Mandatory prison sentence of at least 2 years, up to 5 years
• Lifetime loss of license
• Absolutely no eligibility for a hardship license

 

OUI and Child Endangerment

You can expect additional charges and penalties if a child aged 14 or younger was in the vehicle when you were arrested. One of these charges is child endangerment while operating a motor vehicle, which means the following consequences:

• Fines between $1,000 – $5,000
• Jail time for a minimum of 90 days, up to 2.5 years
• Loss of driver’s license for one year

Breath Test Refusal

One of the questions we hear most often at Fogarty Law is, “What happens if I refuse a breathalyzer test in Massachusetts?” The penalties for refusing a breath test in MA are:

• Immediate license suspension for at least 180 days
• Impoundment of your vehicle for 12 hours
• The RMV being notified of your suspended license

While these consequences sound harsh, compare them to the above penalties for OUI in Massachusetts. Prosecutors will do their best to use the results of your breath test to push for the harshest possible sentence. That’s why we often advise clients to never take the breath test.

OUI Penalties in MA FAQs

Will I lose my driver’s license if I get an OUI in Massachusetts?

Yes, it’s possible that you will lose your driver’s license if you get an OUI in Massachusetts. Per Mass. General Laws c.90 § 24, one of the potential penalties for OUI in Massachusetts is losing your license.

And this is true even for your first OUI offense.

The length of the license suspension depends on the nature of your OUI charges. Details like whether you have past OUI convictions on your record and if there was a child aged 14 or younger in the vehicle are important factors.

Do out-of-state DUI convictions affect my Massachusetts driving record in New Bedford?

Yes, out-of-state DUI convictions affect your Massachusetts driving record in New Bedford. You may be surprised to learn of the National Driver Register (NDR), which is a division of the National Highway Traffic Safety Administration (NHTSA).

The NDR keeps a digital database of individuals whose driver’s licenses are suspended, revoked, etc. As a result, out-of-state DUI convictions will appear on and affect your driving record in New Bedford.

Can I get a hardship or restricted license after an OUI conviction in Massachusetts?

Yes, in certain circumstances, you can get a hardship or restricted license after an OUI conviction in Massachusetts. To apply for a hardship driver’s license, you must:

• Complete the required waiting period (varies depending on if you have past OUI convictions)
• Attend a hearing at the appropriate RMV site
• Bring all required documents (exact paperwork needed depends on details of your case)
• Pay the reinstatement fee, which can be anywhere from $100 to $1,200
• Install an ignition interlock device (IID) if this is a second or subsequent OUI
• Provide additional documents to the RMV hearings officer if requested

But at the end of the day, this decision is completely up to the RMV. When you work with a communicative, experienced New Bedford OUI attorney like Courtney K. Fogarty, you’ll get a clear picture of what to realistically expect and how to prepare for this hearing.

Hiring a Skilled New Bedford OUI Attorney to Advocate on Your Behalf

Being charged with an OUI is never a fun or easy experience. But as you now know, penalties for OUI in New Bedford MA are some of the most severe across the US.

And these potential impacts can cause huge ripples across your life—things like being unable to drive and suffering long-term mental health issues are just two examples.

When you’re facing penalties for OUI in Massachusetts, it’s crucial to ensure your rights are protected as you build the strongest defense possible for your case. The best way to do that is by hiring an aggressive, knowledgeable, and attentive New Bedford OUI attorney like Courtney K. Fogarty, who has over 10 years of successful experience defending clients arrested for OUI. Call Criminal Defense Law Firm Fogarty Law today for your free 60-minute consultation.