Massachusetts DUI Laws

Whether the state calls it DUI or OUI, driving while under the influence of alcohol or drugs in the state of Massachusetts is a serious crime. Operating a vehicle under the influence (OUI) is punishable by jail time, fines up to $50,000 for multiple offenders, and driver’s license suspension. In addition, in the state of Massachusetts, if you are caught operating under the influence in the presence of a minor (a child under 14), you will be charged with child endangerment.

What is the blood alcohol content level (BAC) limit in the state of Massachusetts?

In the state of Massachusetts, it is a crime to operate a motor vehicle with a blood alcohol content level (BAC) of 0.08% or higher. If you are under the age of 21, the BAC is 0.02%. Sentence enhancements exist for cases involving a BAC of 0.15% or higher.

In the state of Massachusetts what is the administrative license suspension period for a first offense?

In the state of Massachusetts, if you get arrested for DUI, the administrative license suspension time for a first offense is 90 days. Under administrative license suspension, the drivers’ license will be taken before conviction when he either fails or refuses to be tested for alcohol or drugs. During the 90-day revocation period, the driver may not obtain a limited license.

In the state of Massachusetts, what are the penalties for a first DUI offense? Second offense?

First DUI or OUI offenses in the state of Massachusetts carry a 1-month to 2 ½ year prison sentence, license suspension for 1 year, and fines ranging from $500-$5,000. If you get caught driving under the influence with a minor, you face anywhere from 90 days to 2 ½ years in prison for child endangerment, fines ranging from $1,000-$5,000 and a 1 year license suspension. Second offenses also carry a 1-month to 2 ½ prison sentence, 2-year license suspension, and $600-$10,000 in fines. You will be charged with child endangerment if a child under the age of 14 is in present along with 90 days to 2 ½ years in prison, and an additional year added to your license suspension. Fines for OUI with a minor range from an additional $1,000-$5,000.

In the state of Massachusetts, third drunk driving convictions carry fines ranging from $1,000-$15,000, a mandatory minimum of 5 months in jail up to 2 ½ years, and your license will be suspended for 8 years. Additional penalties for driving with a minor (child under 14) include: child endangerment conviction, 3 months to 2 ½ years in prison, 1 year license suspension, and fines ranging from $1,000-$5,000.