OUI Penalties in Massachusetts
Those charged with OUI in Massachusetts face stiff potential penalties. The factors that largely determine the potential penalties for an OUI case are:
1. The number of prior OUI offenses the defendant has had, in Massachusetts or any other state;
2. Whether the breath test was refused;
3. The way the case is resolved.
Each offense level carries different consequences in terms of potential for jail time and license consequences upon conviction and for refusing the breath test.
Below you will see the maximum penalties allowed for each offense level, as well as the most likely consequences both before and after trial.
It is important to note that Massachusetts has a lifetime look-back for all prior OUI convictions whether within Massachusetts or elsewhere. Sometimes a prosecutor may be unaware of a prior offense. If that happens while you will avoid the criminal penalties associated with the higher offense, know that the Registry of Motor Vehicles will suspend your license if you are found guilty according to their records, which could result in the RMV imposing a more severe license suspension than the court.
OUI Penalties Explained
First Offense OUI
The typical penalty for a First Offense OUI charge involves the following:
45 days license loss
Fines and fees
1 year probation
Completion of First Offender’s OUI Program
If the defendant is under 21, the Court will impose a 210 license loss. Additionally, for those under 21 with a breath test result of .20 or greater, the RMV will require you to complete an in home alcohol program.
If you resolve the case prior to trial, you are likely to receive a CWOF (Continuance Without a Finding). A CWOF involves a period of probation, after the successful completion of which the charge is dismissed and there is no conviction. A CWOF does count as a first offense if you are charged with OUI again in the future. If you go to trial and are found guilty, the Court would impose a guilty finding.
While jail time is theoretically possible as the statute authorizes up to 2.5 years in the house of correction, it is extremely rare for someone with no record and a first offense OUI to receive jail time. The law does allow for a license loss of longer than 45 days. If the Court imposes the First Offender “24D” Program, the license loss can be up to 90 days and if the Court declines to impose the 24D program the license loss is one year. In the vast majority of cases, the Court will impose a 45 day license loss.
Even if you are found guilty at trial, the sentence imposed will most likely not be much different from the first offense plea that you are offered. OUI trials are the most common case in district court and are difficult cases for the prosecutor to prove. Because of the lifetime look back on prior OUI offenses and the tendency for DUI/OUI laws to increase in severity of punishment, it makes sense always to explore every possible defense to your charge before accepting a plea agreement.
Additional Breath Test-Related License Loss:
• If you are above the age of 21 and refused the Breath Test: 180 Days
• If you are under the age of 21 and refused the Breath Test: 3 Years
• If you are above the age of 21 and failed the Breath Test (+ 0.08): 30 Days
• If you are under the age of 21, took the Breath Test and produced a reading of 0.02 or greater: 30 days plus an additional 180 days, for a total of 210 days.
NOTE: Any license loss imposed as a result of a conviction will run after any breath test refusal suspension. There are no hardship licenses for breath test refusal suspensions.
Hardship License Requirements: Upon entry into the 24D Driver Alcohol Education Program, you can apply for a hardship license during your 45-90 day license loss. If you did not receive the Alternative Disposition under Mass. Gen. Laws ch. 90, § 24D and suffered a 1-year license loss, you can apply for a hardship license 3 months after the disposition of your case.
Second Offense OUI
2nd Offense OUI charges can be divided into two types, those in which the first offense is fewer than ten years before, and those in which the first offense was 10 years or more before.
Is Jail Time Possible?
The Court can impose up to 2.5 years in jail on a second offense OUI. In many cases, jail can be avoided as the Court will impose the “alternative disposition” which requires you to complete a 14 day in-patient alcohol program, along with aftercare and probation. Depending on the Court and the severity of the case, a judge may impose jail on a second offense OUI, usually 6 months or less. However, many judges will impose a probationary period along with the inpatient program even after a guilty verdict at trial.
If First Offense Was Within Last 10 years:
• Guilty finding with up to 2 years of probation. This probationary period may include a suspended jail sentence.
• 14-Day Inpatient Program followed by 26 weeks of aftercare.
• 2-year license loss. You will be eligible for a Hardship License 1 year into this suspension. If you refused the Breath Test, this suspension will begin after your 3-year refusal suspension and you will be eligible for a Hardship License after 4 years.
• Up to $2100 in Statutory/Probationary Fees. We can get you set up on a payment plan.
• You will be required to install an Ignition Interlock device—a Breathalyzer in your car—for as long as you are on a Hardship License and for an additional 2 years when you obtain a regular license.
If First Offense Was More Than 10 years Ago
If your prior offense occurred more than 10 years ago, you may be eligible to receive a First Offender’s Disposition:
•Guilty finding with a probationary period of up to 2 years.
• Entry into a 16-week First Offender’s Alcohol Education Program that meets once a week.
• 45-90 day license loss. If you refused the Breath Test, this suspension will be tacked on to your 3-year refusal suspension.
• Up to $2,100 in Statutory/Probationary Fees. We can get you set up on a payment plan.
• Eligibility for a 12-hour, 7 days a week, Hardship Driver’s License. We will assist you in obtaining this license from the RMV.
• You will be required to install an Ignition Interlock device—a Breathalyzer in your car—for as long as you are on a Hardship License and for an additional 2 years when you obtain a regular license.
Additional Breath Test-Related License Loss:
• If you are above the age of 21 and refused the Breath Test: 3 Years
• If you are under the age of 21 and refused the Breath Test: 3 Years
• If you are above the age of 21 and failed the Breath Test (+ 0.08): 30 Days
• If you are under the age of 21, took the Breath Test and produced a reading of 0.02 or greater: 30 days plus an additional 180 days, for a total of 210 days.
Hardship License Requirements: Upon entry into the 24D Driver Alcohol Education Program, you can apply for a hardship license during your 45-90 day license loss, subject to the Ignition Interlock Requirement. If you did not receive the Alternative Disposition under Mass. Gen. Laws ch. 90, § 24D and suffered a 2-year license loss, you can apply for a hardship license 1-year after the disposition of your case, subject to the Ignition Interlock Requirement. After 18 months from your conviction, you are eligible for a new license on a limited basis with conditions deemed appropriate by the RMV and subject to the Ignition Interlock requirement.
NOTE: Any license loss imposed as a result of a conviction will run after any breath test refusal suspension. There are no hardship licenses for breath test refusal suspensions.
Third Offense OUI
A third offense OUI conviction carries a mandatory jail sentence of six months with 150 days to serve prior to any parole eligibility. You could face up to 2.5 years in jai, or from between 2.5 years to 5 years in state prison, on a third offense. A Third Offense carries an eight year license loss, and if you refused the breath test, your license will be suspended for five years as a result of the refusal.
Your jail sentence will likely be what is known as a “split sentence.” This means that only part of your jail sentence will be served incarcerated (at least 150 days), while the remainder of the sentence will be suspended for a period of probation. If you violate your probation and the court finds your in violation, you will go back to jail to serve the remainder of your sentence
You will receive a fine of between $1,000 and $15,000
A third offense conviction carries an 8-year driver’s license loss. You will be eligible for a 12-hour Hardship License 2 years into the 8-year suspension. If you are granted a hardship license, you will be subject to the Ignition Interlock Requirement.
NOTE: If you refused the Breath Test and have suffered a 5-year Refusal Suspension, the 8-year suspension will run after the Refusal Suspension and you will not be eligible for Hardship License consideration until after the 5-year Refusal Suspension has run. There are no hardship licenses for breath test refusal suspensions.
If you are issued a Hardship License you will be subject to the Ignition Interlock requirement for the duration of your Hardship License and for 2 additional years when you are granted a regular license.
Fourth Offense OUI
A fourth Offense carries a mandatory one year jail sentence and allows for a sentence in the district court of up to 2.5 years and in the superior court up to 5 years in state prison.
Your jail sentence will likely be a “split sentence.” This means that part of your jail sentence will be served incarcerated (at least 1 year) and the balance of the sentence will be suspended for a period of probation. If you are found to have violated your probation, you will have to serve the remainder of your sentence
A fourth offense carries fines of between $1,500 and $25,000
A fourth offense OUI conviction carries a lifetime driver’s license loss.
NOTE: If you refused the Breath Test on a charged Fourth Offense OUI, you will immediately receive a lifetime license suspension. If you fight the case and are found not guilty or the case is dismissed, however, upon order of the court your driver’s license will be reinstated subject to the RMV’s reinstatement fee.
Note: Child Endangerment & DUI Law
If you had a child under 14 in your vehicle when you were charged, you will also be charged with operating under the influence causing child endangerment. The Child Endangerment law carries severe consequences with a potential prison sentence of 2 1/2 years and a one year license loss.
Get Help Now
Ernest Stone has nearly three decades of experience successfully defending good people charged with OUI in Massachusetts.
If you or a loved one has been charged with Operating Under the Influence in Massachusetts, having a highly skilled and experienced OUI defense attorney by your side is important. Contact us today for a free consultation.
Being accused is traumatic. We understand. We will get you through the storm.
Schedule a free case review online or by calling (978) 705-4537.
