Massachusetts DUI Penalites

The penalties for OUI/DUI offenses in Massachusetts are listed below.

Specific punishments may vary depending on the facts of your case and the nature of your charges. Additional license suspension penalties for breath test refusals may apply (see the Massachusetts Driving Tab).

Consult with an experienced Massachusetts DUI attorney in your area for more information on the potential penalties that may apply to your case.

FIRST OFFENSE OUI/DUI:

FINES: $500 - $5,000;
JAIL: up to 2.5 years;
LICENSE SUSPENSION: 1 year suspension. 

Alternative Disposition: Mandatory 16 week alcohol drug education; 1 year probation; license suspension 45-90 days (210 day suspension if under the age of 21). Hardship License if eligible.

SECOND OFFENSE OUI/DUI:

FINES: $600 - $10,000;
JAIL: not less than 60 days - 2.5 years, mandatory minimum 30 days;
LICENSE SUSPENSION: 2 year suspension (may be eligible for work and Hardship license after 12 months, or for a general Hardship license after 18 months). 

Alternative Disposition: 14 days in-patient alcohol treatment program; installation of an Ignition Interlock Device         for 2 years; 2 year License Suspension (may be eligible for work and education Hardship License after 12 months or general Hardship License after 18 months). No Hardship License eligibility for 3 additional years if breath test was refused.

THIRD OFFENSE OUI/DUI:

FINES: $1,000 - $15,000;
JAIL: 180 days - 5 years, mandatory minimum 150 days.
LICENSE SUSPENSION: 8 year suspension (may be eligible for work or education Hardship License after 2 years or general Hardship License after 4 years.  No Hardship License eligibility for an additional 5 years if breath test was refused.
OTHER:  mandatory vehicle seizure, installation of ignition interlock device required for license reinstatement.

No Alternative Disposition is available for a third offense Massachusetts DUI/OUI conviction.

FOURTH OFFENSE OUI/DUI:

FINES: $1,500 - $25,000.
JAIL: 2 years - 5 years, mandatory minimum 1 year.
LICENSE SUSPENSION: 10 year suspension (may be eligible for a work or education Hardship License after 5 years or general Hardship License after 8 years.
OTHER: Possible mandatory vehicle forfeiture, installation of ignition interlock device required for license reinstatement.

No Alternative Disposition is available for a fourth offense MA DUI/OUI conviction.

FIFTH OFFENSE OUI/DUI:

FINES: $2,000 - $50,000;
JAIL: 2.5 years - 5 years, mandatory minimum 24 months.
LICENSE SUSPENSION: Lifetime suspension (no Hardship License eligibility).
OTHER:  Possible mandatory vehicle forfeiture.

No Alternative Disposition is available for a fifth offense Massachusetts DUI/OUI conviction.

OUI/DUI WITH CHILD ENDANGERMENT:

FINES: $1,000 - $5,000;
JAIL: mandatory minimum 90 days - 2.5 years;
LICENSE SUSPENSION: 1 year for first offense, 3 years for second or subsequent offense, in addition to the license suspension penalty imposed under the DUI/OUI charge (to be served consecutively).

MANSLAUGHTER BY MOTOR VEHICLE:

FINES: Up to $25,000;
JAIL: Mandatory minimum 5 years - maximum 20 years in prison;
LICENSE SUSPENSION: Mandatory minimum 15 year suspension - maximum lifetime suspension.

DUI/OUI VEHICULAR HOMICIDE: Mandatory minimum 2.5 years in prison - maximum 15 years in prison; lifetime driver's license revocation; substantial fines.

VEHICULAR HOMICIDE WHILE OPERATING TO ENDANGER: Mandatory minimum 30 days in jail - maximum 2.5 years; 15 year license suspension; substantial fines.