OUI/Drunk Driving Penalties

Fines and Incarceration

First Offense	A fine of not less than $500.00 or more than $5,000.00 and/or imprisonment for not more than 2-1/2 years. No mandatory jail time

Second Offense	A fine of not less than $600.00* or more than $10,000.00 and mandatory imprisonment for not less than 30 days or more than 2-1/2 years.

Third Offense	A fine of not less than $1,000.00 or more than $15,000.00 and mandatory imprisonment for 150 days minimum and 5 years maximum

Fourth Offense	A fine of not less than $1,500.00* or more than $25,000.00 and imprisonment for one year minimum and 5 years maximum.

Fifth Offense and Higher	A fine of not less than $2,000.00* or more than $50,000.00 and imprisonment for 2 years minimum and 5 years maximum.

*Additional fees and costs (I.e, Head Injury Fund $250.000 and Victims of Drunk Driving Assessment $50.00) will be assessed by the court upon sentencing. This number does not reflect the cost of future motor vehicle insurance surcharges, probation supervision fees or the costs of alcohol education programs.

If BAC Over .20	A fine of not less than $1,000 or more than $5,000 and imprisonment for not less than 90 days or more than 2 1/2 years

License loss

First Offense	One year* with the possibility of having the time reduced to 45-90 days on completion of an “alcohol driver education” program. Hardship license (12 hours a day) may be available after registration in an approved Alcohol education program.

Second Offense	Two years* with the ability to apply to the Registry for a hardship license after one year and any breath test refusal time imposed. License subject to installation of an ignition interlock device.

Third Offense	Eight years* with the ability to apply to the Registry for a hardship license after two years and any breath test refusal time imposed. License subject to installation of an ignition interlock device

Fourth Offense	Ten years* with the ability to apply to the Registry for a hardship license after five years and any breath test refusal time imposed. License subject to installation of an ignition interlock device.

Fifth Offense and Higher	A loss of license for life with no possibility of hardship license.

Breathalyzer Refusal Loss: Additional license loss time will be assessed for refusing to submit to a breathalyzer test. First offenders will lose their license for 180 days. Under 21 or second offenders for three years.Third offenders for five years. Fourth offenders and beyond is a lifetime loss.

ADDITIONAL PENALTIES ARE IMPOSED UPON INDIVIDUALS WHO ARE BELOW THE LEGAL DRINKING AGE OF 21

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The information contained on this web site is meant to provide some background on the law of the Commonwealth of Massachusetts as of year 2008. It is not meant and cannot possibly substitute for legal advice given by an attorney who has had the opportunity to become fully familiar with the particular facts of your case.