Massachusetts DUI Law & Lawyers: DUI-Web

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There are three drunk driving charges that a person can be prosecuted under in Massachusetts. DUI (Driving Under the Influence), OUI (Operating Under the Influence), and DWI (Driving While Intoxicated or Driving While Impaired) are all drunk driving charges in the State of Massachusetts.

The “per se” legal limit in Massachusetts is .08% for drivers over the age of 21 and .02% for drivers under the age of 21. This means that if your breath or blood tested above the legal limit, you will be found guilty if the judge or jury believes the test was conducted properly and accurately. If the test was conducted improperly or the equipment malfunctioned, the test may be thrown out of court.

In almost all cases, the arresting officer will take a roadside field sobriety test along with a breath chemical test to determine the driver’s BAC. However, refusal to take both tests is not admissible as consciousness of guilt in court with respect to the criminal charges. However, refusal to take a breath test can result in the suspension of your driver’s license for up to 180 days.

Massachusetts has a lifetime “look back” period, meaning that the court and the state can look back at the defendant’s entire driving record to enhance any punishment.

For a first time DUI/OUI the defendant could face not more than 2 ½ years in jail, a fine of between $500-$5000 and their license suspended for up to 1 year, with a work/education hardship considered in 3 months and a general hardship considered in 6 months. The state may consider an alternative disposition of probation with mandatory participation in an alcohol-drug education program and a license suspension for 45 to 90 days. This is also available for a second offense if the offense occurred more than 10 years prior to the date of the arrest, but a 2 year loss of license is mandatory.

A second DUI/OUI offense requires no less than 60 days (30 day mandatory) and not more than 2 ½ years in jail, a fine of $600-$10,000 and a license suspension of 2 years, with a work/education hardship considered in 6 months and a general hardship in 1 year. The court may consider an alternative disposition of 2 years probation, 14 days confined treatment program and a license suspension of 2 years with a work/education hardship considered in 6 months and a general hardship in 1 year.

A third DUI/OUI will result in jail time of no less than 180 days (150 days mandatory), with not more than 5 years in State Prison (if felony), although the time may be served in a correctional facility treatment program. The defendant will have a fine between $1000 to $15,000 and a license suspension of 8 years with a work/education hardship considered in 2 years and a general hardship in 4 years.