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Massachusetts Drunk Driving Laws & Penalties

2nd Offense Drunk Driving Laws & Penalties What should I do if I've been charged with a second offense?

14 Reasons to Fight Your DUI in Court

OUI Case Wins Here is a list of cases just like yours and what happened. Not Guilty results and dismissals.

DUI Cases - Frequently Asked Questions

What will it cost to hire you? How I charge for OUI defense.

Why Hire Russell Matson? Training. Experience. Results.

10 Mistakes People Make in their DUI Cases

9 Reasons Why You Can Fail Field Sobriety Tests - Without Being Drunk! Field Sobriety Tests are often set up for you to fail. Here are 9 absolutely legitimate reasons why.

Top 9 Lawyers Mistakes in Defending DUI Charges (and how to avoid them)

10 Common Police Mistakes in DUI Arrests

3 Reasons Why Some People Plead Guilty

What happens in an OUI court case? What is the arraignment, the pretrial, and other court dates?

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Massachusetts Drunk Driving / DUI / DWI / OUI Laws & Penalties

Get the Facts on the DUI Penalty You're Facing

The following is a list of both the most likely and the maximum penalties you are facing if you are found guilty of an OUI in Massachusetts. DUI/DWI cases are a very complicated area of the law, and this information can be hard to understand. That's why I try to lay out "The real deal" for you, and I'll also be happy to speak with you to explain it to you in plain English.

Also remember OUI laws change frequently, and the impact of a prior conviction on your record can have unforeseen negative consequences in the future. The Registry also regularly changes requirements for getting your drivers license reinstated, or getting a hardship license.

If you've been arrested, you want to know what you are facing, and what your options are. That's why it makes sense to get a case evaluation from an experienced lawyer who handles DUI/drunk driving cases everyday.

If you fight the case and win at trial, your penalty is nothing. That's what I focus on in my law practice. I win my OUI cases more than 2/3s of the time. I can also help you work out the minimum penalty allowed by law if you chose to plead guilty (or CWOF).  Please contact me for a consultation on what I can do try to win your case. (781) 380-7730

- Attorney Russell Matson

Massachusetts OUI/DUI Law - First Offense Penalty

  • Jail: Not more than 2 1/2 years House of Correction
  • Fine: $500-$5,000
  • License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months

Alternative Disposition (1st Offense OUI)

  • Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a  CWOF.)
  • Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance.
  • Unsupervised probation for one year.
  • Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant.
  • License suspended for 45 to 90 days (not including any penalty for breath test refusal)
  • License suspension is 210 days for drivers under age 21.
  • You are eligible for a hardship license right away, in most cases.

The Real Deal on First Offense OUI Penalties:

The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases.

Massachusetts OUI Law - Second Offense Penalty

  • Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years
  • Fine: $600-$10,000
  • License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18  months. (Note: In almost every case, with a breath test refusal or failure you won't be eligible for a hardship or full license restoration for at least 3 years total.)
  • As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement.

Alternative Disposition (2nd Offense OUI)

  • 2 years probation
  • 14 day confined (inpatient) alcohol treatment  program paid for by the defendant
  • License suspended for two years, work/education hardship considered in 1 year; general hardship in 18  months.
  • As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license).
  • If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement.

The Real Deal on 2nd Offense OUI Penalties:

See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I  can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people. Given that there isn't that much risk of a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on a weak case.

Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it.  If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the case.

Massachusetts OUI/DWI Law - Third Offense Penalty(3rd) Penalty

  • Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status)
  • May be served in a prison treatment program
  • Fine $1,000-$15,000
  • License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years
  • Commonwealth may seize, keep, and/or sell your vehicle.

The Real Deal on 3rd Offense OUI Penalties:

For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty. For a 3rd offense charge, this is a good reason to fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can't provide sufficient proof of the prior offenses (which can happen if they are old, or out of state)

MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties

  • Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years (felony status)
  • Fine $1,500-$25,000
  • License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years

Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge. Even a small chance of winning the case is worth the risk, since it is probably your only chance to avoid jail time.

MASSACHUSETTS OUI/DUI LAWS -  FIFTH OFFENSE (5th) Penalty

  • Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status)
  • Fine $2,000-$50,000
  • License Revoked/Suspended for life, no possibility of a hardship license.

If convicted on a sixth (may 6th), seventh (7th), or greater OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Call me for details.

Remember that almost no case is unwinnable. Some cases do have challenging facts, and I always give my clients a realistic view of what we can expect for an outcome. But an experienced attorney like myself will always find the positive elements in a case to establish reasonable doubt.

I've won many cases that looked nearly hopeless. Even when the facts look bad and there isn't much for us to work with, there's always a real chance that the DA or the police will fumble at trial and give us a chance to win.

You'd be surprised how often this happens. Prosecutors often drop the ball on evidence procedures, and are also frequently unable to prove prior offenses, especially if the previous convictions are more than a decade old. So even if you lose, you may not be facing the mandatory penalties you think.

If you are looking at jail time on a 3rd, 4th, or 5th offense OUI, it nearly always makes sense to go to trial, and make them prove their entire case against you. I've won many multiple offense drunk driving trials.

Call me and we'll talk about what I can do for you.

 

Attorney Russell Matson

(781)380-7730

Further Reference - M.G.L. Chapter 90, Section 24 of the Mass Drunk Driving Statute (not easy reading!)

My Melanie's Law page (Massachusetts drunk driving laws passed Oct 2005)

BACK TO MASSACHUSETTS DRUNK DRIVING DEFENSE Home

 

 

Other State DUI laws:

Rhode Island Drunk Driving Laws Talk to my friend James Powderly about how to beat a Rhode Island DUI charge.

Connecticut DUI Laws - Attorney Erin Field in CT defends DUI chares.

Virginia DUI Laws

Maryland DUI Laws

Michigan Drunk Driving Laws Pat Barone is one of the top drunk driving defense lawyers in Michigan.

New York DWI Laws

Texas DWI Laws

California DUI Laws

Arizona DUI Laws - Talk to Kevin Breger about Arizona drunk driving laws.

 

 Call MA DUI Attorney Russell Matson (781)380-7730 24 hours a day. You can also  contact me to set up a free phone consultation about DUI penalties, no obligation!
Court Date Tomorrow? Here's What You Need to Know Right Now!If you are about to appear in court for an Arraignment on an OUI charge, don't panic! Here are Frequently Asked Questions and answers you need to be ready for court. 

Already been Arraigned? Here's what you need to know before your pretrial court date.

Get the Best Legal Advice You Can!

To get the best drunk driving defense in MA, your lawyer needs to know the most current case law and penalties relating to defense in drunk driving cases. The following are some recent relevant decisions, and the current penalties faced according to MA drunk driving laws:

Recent Massachusetts DUI Laws & Related Rules Changes

4/19/07: the Massachusetts Supreme Judicial Court has rejected a legal challenge that would have required the Commonwealth to provide expert testimony in all cases with breath test evidence. Any breathalyzer results taken within 3 hours or arrest are deemed admissible.

This is not good news, but it doesn't change things for the better as hoped. We return to the previous status quo, and breath test results cases that had been on hold will now go forward.
7/1/06: My thoughts on the Ignition Interlock Devices after six months of the law.
1/1/06: The Ignition Interlock Device requirement from Melanie's Law is now in effect, and causing some real problems and confusion. See my Interlock Device page for details.
10/28/05: "Melanie's Law" is passed, adding a variety of penalty increases and new laws relating to Massachusetts OUI charges. Please review my summary page of new Massachusetts OUI Laws under Melanie's Law or call me for a consultation to find out how you may be affected.
6/1/05: Scratch that! The Governors Council has rescinded the prior agreement. The license suspension for a breath test refusal and an OUI guilty finding are not automatically run concurrently by the registry. You'll still need to get a motion signed by the judge to save yourself the extra suspension time.  

UPDATE: The Registry hearings officers will no longer honor a Motion to Run the License Loss Concurrently, even if a judge signs them, so you are unfortunately stuck with consecutive license suspensions if you refuse the breath test.
5/1/05: The Mass Registry of Motor Vehicles (RMV) now automatically runs the license loss associated with a breath test refusal and guilty finding concurrently. Read my press release here.
11/29/04: Court rules that blood test results (not breath test) are inadmissible if the defendant is not informed of the opportunity to have an independent blood test performed. The courts ruled that a blood test can not be used against you in court if you were not told of the opportunity for a second blood test of your choosing.  The case was Commonwealth. v. Amato.
6/25/04: Massachusetts Supreme Judicial Court Ruling on license suspension penalty after a 24D Disposition:

The Mass SJC determined in a recent ruling that individuals who previously had their license suspended for 2 years after a 2nd offense 24D disposition should only have that suspension apply for 45-90 days, the same as for a first offense. This is an excellent ruling, making the law much more fair.

If this ruling applies to you, and you've already been through part of your suspension, give me a call for a hardship license consultation, and I can help you get your license back.

The 24D disposition law in general applies to OUI / DUI 2nd offenders whose first offense occurred 10 years or more previous, and makes the penalty more fair for very old infractions. This new ruling brings the registry of motor vehicles license suspension penalty in line with those reduced penalties.

6/30/03: New law effective 6/30/03: Changes to Mass General Laws, M.G.L. Chapter 90, Section 24, Regarding breath test:
  • For a first offense OUI charge, if you take the test and fail, the license suspension period has decreased from 90 to 30 days.
  • If you instead refuse the test, the suspension is now increased to 180 days from 120, also only for a first offense.
  • For minors or those under 21, or those with a prior OUI conviction, the penalties for refusal of the breath test have also both increased from 180 days to 1 year.

You are in a better position to protect your license and freedom if you refuse the breathalyzer test, and it is now also typically easier to receive a hardship license with the help of an experienced attorney. It's also now possible to receive a hardship license after a second offense. A hardship license is valid for 12 hours a day (7am to 7pm) to be used only for traveling to and from work. 
11/28/02: New law effective 11/28/02: Changes to MGL Chapter 90, Section 24, Regarding prior OUI convictions:

Massachusetts law now allows for the court to consider an OUI conviction from anytime in the past (lifetime lookback), where the old law did not recognize a conviction from more than 10 years ago. If you have an old conviction and have been charged again recently, you definitely need to speak to an experienced Massachusetts OUI lawyer to help you  work through the best possible outcome.

Below are some penalties excerpted from Massachusetts drunk driving laws (Massachusetts General Laws, Chapter 90, Section 24). 

Aside from the penalties the courts impose for an admission to sufficient facts plea (aka a CWOF, or Continuation without a Finding), conviction, or guilty plea, an OUI creates other problems in one's life.  Five points are added to insurance, as well as a loss of good driver credit for the year.  It can make it much more difficult to get a job, and can affect the ability to obtain or keep various professional licenses.  

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