Drunk Driving Penalties in Massachusetts
License Suspensions for a Breath Test failure:
| Age of Driver | License Suspension |
|---|---|
| 21+ (BT limit .08) | 30 days |
| Under 21 (BT limit .02) | 30 days + 180 Days under Junior Operator Law (unless proof of entry into Youth Alcohol Program which eliminates 180 day susp.) |
| Under 18 (BT limit .02) | 1 year under Junior Operator Law (unless proof of entry into Youth Alcohol Program which reduces suspension to 180 days) |
License Suspensions for Refusing to Take the Breath Test:
| Age of Driver | Number of Prior OUIs | Suspension Period |
|---|---|---|
| 21+ | None | 180 days |
| 1 | 3 years | |
| 2 | 5 years | |
| 3 or more | lifetime | |
| Under 21 | none | 3 years |
| 1 | 3 years | |
| 2 | 5 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 |
DWI/OUI Sentences:
First Offense
– A jail term of up to 2 1/2 years House of Correction;
and/or
– Fines from $500-$5,000;
and
– Your license suspended for 1 year.
“Alternative Disposition”, (This is the most common disposition.)
– 45 – 90 day license suspension, hardship license available after 3 business days, if you qualify (if under 21, suspension is 210 days);
and
– Mandatory alcohol education class (16 weeks);
and
– Probation for not more than 2 years.
You can expect to be assessed fines and fees in the neighborhood of $700.00.
Second Offense
– A jail term of not less than 30 days, not more then 2 1/2 years;
and/or
– Fines from $600-$10,000;
and
-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;
and
– 2 Years Probation;
and
– 14 day in-patient alcohol treatment program;
and
– 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 an installation fee and a monthly rental fee for this device.
Third Offense
– A mandatory jail term of not less than 150 days, up to 5 years in State Prison;
and
– Fines of $1,000-$15,000;
and
– The state may seize and sell your vehicle;
and
– 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.
Fourth Offense
– 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;
and
– Fine $1,500-$25,000;
and
– License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years.
Fifth Offense
– A jail term of not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years in State Prison;
and
– Fine $2,000-$50,000;
and
– License suspended for life, no possibility of hardship.
