OUI Law Facts

The Commonwealth of Massachusetts has some of the most stringent drunk driving laws in the country.
     
 Since the enactment of Melanie's Law, the penalties for alcohol 
 and drug related motor vehicle offenses have increased
 dramatically.The purpose of the law is well served, but
 understanding your rights and the short term and long term effects
 on yourself and family could be devastating. 

 It takes an experienced attorney to navigate you through this
 uncharted terrain.  

Educating you on all your rights and options with the Court and Registry of Motor Vehicles is our primary concern.
 
Resolving the matter to your satisfaction is our goal.

 
**** It is important to remember that even if a resolution is reached with the Court the Registry of Motor Vehicles may still suspend your license based upon their records, which may include out of state offenses.****

FIRST OFFENSE

• Incarceration: Not more than 2 1/2 years House of Correction
• Fine: $500-$5,000
• License suspended for 1 year, work/education hardship considered in 6 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 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 1/2 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 confined 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 that the operator have a breath alcohol level of less than .02 for the car to start.

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
• 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

• 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
• 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

• Incarceration: Not less than 2 1/2 years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
• Fine $2,00-$50,000
• License for life, no possibility of hardship