B
O
C
OUI: OPERATING UNDER THE INFLUENCE - PENALTIES IN
MASSACHUSETTS
Driving under the influence is the most common offense in our
society. It can be charged as either a misdemeanor or felony
OUI, depending upon your record or whether there were serious
injuries.
If you are arrested for an OUI, you have the right to refuse to do
the field sobriety tests and the portable breath test that the
police want you to take in their field investigation. You also have
a right to refuse the breathalyzer test at the station. Note that
refusal of the breathalyzer test will result in automatic license loss
for 1 year or more, even if you are found Not Guilty of OUI.
PENALTIES
Melanie’s Law took effect on October 28, 2005. It increased
refusal periods, increased waiting periods for hardship licenses
and requires an IGNITION INTERLOCK DEVICE to reinstate
licenses for ALL SUBSEQUENT OFFENDERS. All license losses
on a case are added to each other.
If you are found not guilty or the case is dismissed, there is a
presumption that your license will be reinstated for the rest of the
refusal suspension period.
FIRST OFFENSE: ADULT
• Incarceration: Up to 2 ½ years House of Correction ; Fine:
$500-$5,000 ; License suspended for 1 year, work/education
hardship considered in 6 months, general hardship in 6 month.
ALTERNATIVE DISPOSITION:
• 1 year Probation with mandatory participation in alcohol-
drug education program paid for by the client
• License suspended for 45 to 90 days (210 days for drivers
under age 21) A hardship license is usually available upon
completion of an intake for the first offenders program.
• This sentence is also available for 2nd offenses if there is
only 1 other prior offense and the conviction or plea on that
offense occurred more than 10 years prior to the date of the
arrest
FIRST OFFENSE: UNDER 21
• The minimum loss is 210 days, run on/after the above
suspensions. The 2nd 180 day suspension is waived if the
defendant enters the program. Net result is 390 days if they
enter a program.
• The operator can get the first 180 days cleared if they get
an order from the court. They still must serve the 2nd 180 days
unless they enter a program.
SECOND OFFENSE
• Incarceration: Not less than 60 days (30 days mandatory),
Up to 2 ½ years; Fine: $600-$10,000 ; License suspended for 2
years, work/education hardship considered in 1 year, general
hardship in 18 months
• A condition of any hardship license is the installation of an
ignition interlock device for at least 2 years. The device requires
that the operator have a breath alcohol level of less than .02 for
the car to start.
ALTERNATIVE DISPOSITION:
• 2 years probation ; 14 day inpatient treatment program
paid for by the defendant
• License suspended for two years, work/education hardship
considered in 1 year, general hardship in 18 months
• A condition of any hardship license is the installation of an
ignition interlock device for at least 2 years. The device requires
the operator have a breath alcohol level of less than .02 for the
car to start.
THIRD OFFENSE: Felony
• Incarceration: Not less than 180 days (150 days
mandatory), Up to 5 years State, May be served in a
correctional facility treatment programs; Fine $1,000-$15,000
• License suspended for 8 years, work/education hardship
considered in 2 years, general hardship in 4 years
• A condition of any hardship license is the installation of an
ignition interlock device for at least the hardship
period. The device requires that the operator have a breath
alcohol level of less than .02 for the car to start.
FOURTH OFFENSE: Felony
• Incarceration: Not less than 2 years (1 year Minimum
Mandatory), not more than 5 years ; Fine: $1,500-$25,000
• License suspended for 10 years, work/education hardship
considered in 5 years, general hardship in 8 years
• A condition of any hardship license is the installation of an
ignition interlock device for at least the hardship period. The
device requires that the operator have a breath alcohol level of
less than .02 for the car to start.
FIFTH OFFENSE: Felony
• Incarceration: Not less than 2 ½ years (2 years Minimum
Mandatory), not more than 5 years; Fine $2,00-$50,000
• License loss for Life, no possibility of hardship
RMV LICENSE REINSTATEMENT FEES
• First Offense $500.00
• Second Offense $700.00
• Third Offense $1,200.00
MASSACHUSETTS
Driving under the influence is the most common offense in our
society. It can be charged as either a misdemeanor or felony
OUI, depending upon your record or whether there were serious
injuries.
If you are arrested for an OUI, you have the right to refuse to do
the field sobriety tests and the portable breath test that the
police want you to take in their field investigation. You also have
a right to refuse the breathalyzer test at the station. Note that
refusal of the breathalyzer test will result in automatic license loss
for 1 year or more, even if you are found Not Guilty of OUI.
PENALTIES
Melanie’s Law took effect on October 28, 2005. It increased
refusal periods, increased waiting periods for hardship licenses
and requires an IGNITION INTERLOCK DEVICE to reinstate
licenses for ALL SUBSEQUENT OFFENDERS. All license losses
on a case are added to each other.
If you are found not guilty or the case is dismissed, there is a
presumption that your license will be reinstated for the rest of the
refusal suspension period.
FIRST OFFENSE: ADULT
• Incarceration: Up to 2 ½ years House of Correction ; Fine:
$500-$5,000 ; License suspended for 1 year, work/education
hardship considered in 6 months, general hardship in 6 month.
ALTERNATIVE DISPOSITION:
• 1 year Probation with mandatory participation in alcohol-
drug education program paid for by the client
• License suspended for 45 to 90 days (210 days for drivers
under age 21) A hardship license is usually available upon
completion of an intake for the first offenders program.
• This sentence is also available for 2nd offenses if there is
only 1 other prior offense and the conviction or plea on that
offense occurred more than 10 years prior to the date of the
arrest
FIRST OFFENSE: UNDER 21
• The minimum loss is 210 days, run on/after the above
suspensions. The 2nd 180 day suspension is waived if the
defendant enters the program. Net result is 390 days if they
enter a program.
• The operator can get the first 180 days cleared if they get
an order from the court. They still must serve the 2nd 180 days
unless they enter a program.
SECOND OFFENSE
• Incarceration: Not less than 60 days (30 days mandatory),
Up to 2 ½ years; Fine: $600-$10,000 ; License suspended for 2
years, work/education hardship considered in 1 year, general
hardship in 18 months
• A condition of any hardship license is the installation of an
ignition interlock device for at least 2 years. The device requires
that the operator have a breath alcohol level of less than .02 for
the car to start.
ALTERNATIVE DISPOSITION:
• 2 years probation ; 14 day inpatient treatment program
paid for by the defendant
• License suspended for two years, work/education hardship
considered in 1 year, general hardship in 18 months
• A condition of any hardship license is the installation of an
ignition interlock device for at least 2 years. The device requires
the operator have a breath alcohol level of less than .02 for the
car to start.
THIRD OFFENSE: Felony
• Incarceration: Not less than 180 days (150 days
mandatory), Up to 5 years State, May be served in a
correctional facility treatment programs; Fine $1,000-$15,000
• License suspended for 8 years, work/education hardship
considered in 2 years, general hardship in 4 years
• A condition of any hardship license is the installation of an
ignition interlock device for at least the hardship
period. The device requires that the operator have a breath
alcohol level of less than .02 for the car to start.
FOURTH OFFENSE: Felony
• Incarceration: Not less than 2 years (1 year Minimum
Mandatory), not more than 5 years ; Fine: $1,500-$25,000
• License suspended for 10 years, work/education hardship
considered in 5 years, general hardship in 8 years
• A condition of any hardship license is the installation of an
ignition interlock device for at least the hardship period. The
device requires that the operator have a breath alcohol level of
less than .02 for the car to start.
FIFTH OFFENSE: Felony
• Incarceration: Not less than 2 ½ years (2 years Minimum
Mandatory), not more than 5 years; Fine $2,00-$50,000
• License loss for Life, no possibility of hardship
RMV LICENSE REINSTATEMENT FEES
• First Offense $500.00
• Second Offense $700.00
• Third Offense $1,200.00
BOGLE
OKOYE
CHANG
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Blog: "Operating Under the Influence - MA Penalties"
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