What is the Punishment for OUI Massachusetts?

Written By: Matthew W. Peterson

Published: 06/03/2019

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Overview of Punishment For OUI Massachusetts

In Massachusetts, the punishment for OUI Massachusetts can be serious. It can mean jail time, losing your driver’s license, and incurring significant financial penalties. It’s critical to hire a OUI Boston attorney who will fight for you, but the Law Office of Matthew Peterson is ready to help and fight for your rights!

Special Considerations for Underage Offenders

If you are under 21 when the offense occurred, there are different penalties and laws regarding OUI in Massachusetts. OUI law in Massachusetts is complex and depends on your specific situation. Consult with an experienced drunk driving lawyer in Massachusetts about your circumstances before relying on the information provided here. If you have been convicted of OUI before, you could be eligible for a 24D disposition.

Will I Go to Jail for an OUI in Massachusetts?

A first-time OUI in Massachusetts does not require jail time, but the judge can sentence an OUI offender to up to two-and-a-half years in jail (House of Corrections). This jail time can be served on weekends or holidays for a first offense OUI in Massachusetts and can be suspended for up to two years of probation.

If you have any previous OUI offenses, you may face mandatory minimum jail sentences, which cannot be served on weekends. For a second OUI offense in Massachusetts, you must spend 30 days in jail or complete a 14-day inpatient rehabilitation program. If your first OUI was more than 10 years ago, you may also be eligible for a 24D disposition under what’s called a Cahill disposition.

Fines Associated with OUI Offenses

A first OUI offense in Massachusetts can incur fines ranging from $500 to $5,000, although there are other mandatory financial penalties as well. More previous OUI offenses will result in higher mandatory fines.

Will My Driver's License Be Suspended for OUI?

There is a mandatory one-year suspension on the first offense, but you may be able to obtain a hardship license after three months. This suspension increases to three years after the first conviction or if you’re under 21. Two previous OUI convictions result in a five-year suspension, while more convictions can lead to a lifetime driver’s license suspension.

You may be able to reduce these suspensions upon completing certain conditions. If you refuse a breath test or a chemical test, your license will be immediately suspended.

The Law Office Of Matthew Peterson- Your OUI Boston Attorney

The punishment for OUI Massachusetts can range from jail time to simply probation. If you’re charged with OUI in Massachusetts, get in touch with an OUI Boston lawyer as soon as possible. Contact us today, and we’ll get started on your defense.

Our office is located in Boston, Massachusetts, but I handle criminal cases, including OUI, in all Massachusetts courts. Contact us at (617) 295-7500.

Frequently Asked Questions (FAQs)

1. What is the legal limit for blood alcohol concentration (BAC) in Massachusetts?

In Massachusetts, the legal limit for blood alcohol concentration (BAC) is 0.08% for drivers aged 21 and over. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable alcohol can result in an OUI charge.

2. Can I refuse a breathalyzer test in Massachusetts?

Yes, you can refuse a breathalyzer test in Massachusetts; however, doing so will result in automatic penalties, including a license suspension of up to 180 days for a first offense. Subsequent refusals can lead to longer suspensions and additional penalties.

3. What are the potential consequences of a third OUI offense?

A third OUI offense in Massachusetts is considered a felony and carries severe penalties, including a minimum of 180 days to 2.5 years in jail, significant fines ranging from $1,000 to $15,000, and a mandatory license suspension of eight years.

4. How can I reinstate my driver's license after an OUI suspension?

To reinstate your driver’s license after an OUI suspension, you typically need to complete any court-ordered programs (such as alcohol education or treatment), pay all associated fees, and submit a reinstatement application to the Massachusetts Registry of Motor Vehicles (RMV). Additional requirements may apply depending on the specifics of your case.

5. Will an OUI conviction affect my employment?

An OUI conviction can potentially affect your employment, especially if your job requires driving or if you work in fields that require background checks. Employers may view an OUI conviction negatively, but the impact varies by industry and company policy. It’s advisable to consult with an employment attorney if you have concerns about how an OUI conviction may affect your job.