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Massachusetts DUI Information

Massachusetts DUI Law Highlights: BAC Levels and Implied Consent
"Per Se" BAC Level: .08
"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level: 20
"Implied Consent" Law : yes

"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.


Massachusetts DUI Law Highlights: Selected Penalties
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) 1y/ 2y/ 8y
Mandatory Alcohol Education and Treatment/Assessment : Both
Vehicle Confiscation Possible?: Yes
Ignition Interlock Device Possible?: Yes


Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

PENALTIES
WARNING. The following penalties list license losses for each offense. In rare cases, an experienced OUI / DWI / DUI lawyer may be successful in reducing the offense level you are charged with (such as a third offense OUI reduced to a second offense OUI). Regardless of the reduction or the sentence, the Registry of Motor Vehicles (RMV) will suspend your license based upon their records, which may include out of state offenses.


First offense
Incarceration: Not more than 2 ½ years House of Correction
Fine: $500-$5,000
License suspended for 1 year, work/education hardship considered in 3 months, general hardship in 6 months

Alternative disposition
Probation with mandatory participation in alcohol-drug education program paid for by defendant
License suspended for 45 to 90 days (210 days for drivers under age 21) A hardship license may be available
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.
NOTE: 2 year loss of license is mandatory, however

Second offense
Incarceration: Not less than 60 days (30 day mandatory), not more then 2 ½ years
Fine: $600-$10,000
License suspended for 2 years, work/education hardship considered in 6 months, general hardship in 1 year.

Alternative disposition
2 years probation
14 day confined treatment program paid for by the defendant
License suspended for two years, work/education hardship considered in 6 months, general hardship in 1 year

Third offense
Incarceration: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (Felony status)
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

Fourth offense
Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years (Felony status)
Fine $1,500-$25,000
License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years

Fifth offense
Incarceration: Not less than 2 ½ years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
Fine $2,00-$50,000
License for life, no possibility of hardship

LICENSE REINSTATEMENT FEES
First OUI Offense $300.00
Second OUI Offense $500.00
Third OUI Offense $1,000.00

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