Drunk Driving Penalties
If you are convicted of drunk driving, or “Operating Under the Influence” as it is called in Massachusetts, you face severe penalties.
Your driver’s license will be suspended.
You could go to jail.
Even before you are convicted, your license could be suspended depending upon your performance, or lack thereof, on a breath test.
License Suspensions for a Breath Test of .08 or greater:[table “” not found /]
License Suspensions for Refusing to Take the Breath Test:
|Age of Driver||Number of Prior OUIs||Suspension Period|
|3 or more||lifetime|
|Under 21||none||3 years|
|3 or more||lifetime|
|Under 18||none||1 year|
|Any||Prior OUI with serious bodily injury||10 years|
|Prior vehicular homicide involving alcohol||lifetime|
– Fines from $500-$5,000
– Your license suspended for 1 year.
Alternative Disposition, 1st Offense OUI
– 45 – 90 day license suspension
– Mandatory alcohol education class ( 16 weeks)
– Probation for not more than 2 years.
– A jail term of not less than 30 days, not more then 2 1/2 years
-Your license suspended for 2 years – work & education hardship considered in 12 months; general hardship in 18 months. No hardship license will be granted for 3 additional years if your refused the breath test.
– 2 Years Probation
– 14 day in-patient alcohol treatment program
– An interlock device is installed in your car for 2 years*
*The Ignition Interlock Requirement: Anyone who has 2 or more OUI convictions and goes to the Registry to have his or her license reinstated must have an ignition interlock device installed in their car for 2 years. This device requires you to blow into it and register a BAC of under .02 or the vehicle will not start. You will pay a hefty installation fee and a monthly rental ffe for this device.
– A mandatory jail term of not less than 150 days, up to 5 years in State Prison
– The state may seize and sell your vehicle
– License suspended for 8 years, work/education hardship considered in 2 years (no hardship license for 5 additional years if you refused the breath test); general hardship in 4 years
– A jail term of not less than 2 years, of which you must serve 1 mandatory year, not more than 5 years in State Prison
– Fine $1,500-$25,000
– License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years
– A jail term of not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years in State Prison
– Fine $2,000-$50,000
– License suspended for life, no possibility of hardship