| Massachusetts DUI Law | | | | reported to the Massachusetts Registry of Motor |
| The DUI laws in Massachusetts are similar to the DUI | | | | Vehicles and the RMV then reports this information to |
| laws of many other states. It is a criminal offense to | | | | the National Driver's License Registry. This means that, |
| drive under the influence of drugs or alcohol and the | | | | if you are visiting Massachusetts and are charged with |
| offense is punishable by a number of penalties that | | | | an OUI offense, your home state will almost definitely |
| have the potential to have a serious impact on your | | | | seek to suspend your driver's license. If you are not |
| quality of life. Because of these potentially life-altering | | | | convicted, this suspension can be prevented. |
| penalties, as well as the stigma of having a criminal | | | | Massachusetts OUI Penalties |
| record, you need to contact a Massachusetts DUI | | | | The penalties for operating a vehicle while under the |
| attorney so that you have a chance of defending | | | | influence in Massachusetts get increasingly more |
| yourself against DUI charges. While hiring a | | | | severe as you accumulate subsequent offenses. |
| Massachusetts DUI lawyer cannot guarantee that you | | | | These penalties are designed to prevent offenders |
| will win your case, it can give you the best chance of | | | | from committing subsequent DUI offenses, but this is |
| being successful because you will have the opportunity | | | | not always the case. The more offenses an offender |
| to utilize the attorney's knowledge and experience in | | | | commits, the harsher the penalties if convicted. The |
| your defense. | | | | penalties for a first offense can include fines of $500 |
| Massachusetts OUI | | | | to $5,000, not more than two years of incarceration, |
| In Massachusetts, driving under the influence is known | | | | and one year of license suspension. The license |
| as OUI or "operating under the influence." This means | | | | suspension must run for 30 days before a work |
| that a driver has operated a motor vehicle while under | | | | hardship license becomes an option. First offenses |
| the influence of alcohol or drugs. There are two | | | | may also be eligible for alternative disposition. If this is |
| theories under which an OUI case can be prosecuted | | | | the case, the offender must comply with the terms of |
| in Massachusetts. One is driving under the influence, | | | | the disposition. One of the terms is that the offender |
| where prosecutors must show that a defendant was | | | | must attend an alcohol and drug education program at |
| less able to drive a vehicle safely than he or she | | | | their own expense. There is also a license suspension |
| would have been had no alcohol been consumed. In | | | | period of 45 to 90 days. |
| this type of case, evidence such as causing an action, | | | | The penalties for a second OUI offense in |
| displaying bad driving patterns, having the smell of | | | | Massachusetts become harsher after a first offense. |
| alcohol on the breath or clothing, and appearing | | | | The incarceration period is no less than 60 days and |
| intoxicated can help the prosecutor prove a case | | | | no more than 2.5 years. 30 days of jail time is |
| against the defendant. There is also the "per se" | | | | mandatory for a second offense. There are also fines |
| theory, which means that it is illegal for persons under | | | | of $600 to $10,000 and a two year license suspension |
| the age of 21 to drive with a blood alcohol | | | | period. Some second offenders may qualify for an |
| concentration level that is 0.08% or greater. 0.08% is | | | | alternative disposition. If eligible, they must complete a |
| the legal limit for blood alcohol concentration in the | | | | 14 day residential treatment program at their own |
| state of Massachusetts. In this type of case, the | | | | expense. There will also be a two year license |
| prosecutor simply has to show that the defendant's | | | | suspension period and two years of probation. A third |
| blood alcohol level was 0.08% or greater when the | | | | offense carries a mandatory penalty of 150 days in jail. |
| driver submitted to a chemical test. Massachusetts is | | | | The jail term may be no less than 180 days and no |
| unique because, in many states, refusing to take a | | | | more than 5 years in a state prison. Fines range from |
| breath test in the field can be introduced into court to | | | | $1,000 to $15,000 and the license suspension period is 8 |
| show that the driver had consciousness of guilt. In | | | | years. A fourth OUI offense has a mandatory jail time |
| Massachusetts, this refusal cannot be introduced in the | | | | of 1 year with the jail term ranging anywhere from two |
| criminal proceedings. However, it may impact your | | | | years to not more than five years. The fines are from |
| driving privileges for a minimum suspension period of | | | | $1,500 to $25,000 and the license suspension period is |
| 180 days. You can be convicted of OUI only if the jury | | | | ten years. Fifth DUI offenses result in a 24-month |
| members believe that your blood alcohol concentration | | | | mandatory minimum jail sentence with the jail term |
| level was at the legal limit or higher. If you can | | | | being no less than 2.5 years and no more than 5 |
| introduce information that shows the test was not | | | | years. The fines range from $2,000 to $50,000 and a |
| administered properly or that the test result was faulty, | | | | fifth time offender will lose his or her license for life |
| then this test cannot be used against you during your | | | | with no option of receiving a hardship license at any |
| trial. | | | | time. Because these penalties have serious potential to |
| Being convicted of or pleading guilty to an OUI offense | | | | damage your reputation and your ability to provide for |
| stays on your driving record. | | | | your family, hiring a Massachusetts DUI attorney is |
| There is no period of time to complete before it can | | | | necessary to present the best possible defense for |
| be removed; the offense stays on your record | | | | your case. |
| forever. Your admission of guilt or your conviction are | | | | |