What if you are charged with OUI (i.e. drunk driving, DWI, DUI) in Massachusetts? Well, first of all, it depends on whether or not you have been convicted of drunk driving previously. It doesn't matter if you were convicted OR admitted to sufficient facts (i.e. a continuation without a finding) in Massachusetts or in another state.
First, if you have never been found guilty or admitted to sufficient facts, you will most likely receive a first offender disposition (if you are found guilty - or if you admit to sufficient facts).
The following information does not take into consideration penalties for breath test/chemical test refusals.
First Offense - Statutory Disposition
- Fine of not less than $500, and not more than $5,000 and 1 year license loss or imprisonment in a House of Correction (jail) for not more than 2 and 1/2 years and 1 year license loss.
- Fine of not less than $500, and not more than $5,000 and imprisonment not more than 2 and 1/2 years, and 1 year license loss.
First Offense - Alternative Disposition (M.G.L. c. 90 s. 24D)
- Two years probation, and
- Entry into an approved OUI program (a 24D program) and
- Pay all program costs and assessments and
- License loss of 45 - 90 days.
Second Offense - Statutory Disposition
- Fine of not less than $600 and not more than $10,000 and
- Imprisonment for not less than 60 days and not more than 2 1/2 years, you must serve a minimum mandatory of 30 days and
- Two year license loss and
- Assessments and fees.
Second Offense - Alternative Disposition
- Mandatory in-patient treatment for 14 days at a residential alcohol treatment facility with aftercare, and
- Two years probation, and
- Two years license loss, and
- Program costs and assessments
Third Offense
- Fine of not less than $1000 and not more than $15,000, and
- Imprisonment for not less than 180 days and not more than 2 1/2 years in a House of Correction, or Imprisonment from 2 1/2 to 5 years in State Prison, and
- Minimum Mandatory 150 days imprisonment, and
- 8 year license loss, and
- Assessments and fees
Fourth Offense
- Fine of not less than $1500 and not more than $25000, and
- Imprisonment of not less than 2 - 2 1/2 years in the House of Correction or not less than 2 1/2 to 5 years in State Prison, and
- 10 year license loss, and
- Assessments and fees.
Fifth Offense or more
- Fine of not less than $2000 and not more than $50,000, and
- Imprisonment of 2 and 1/2 years in the House of Correction or Imprisonment of not less than 2 1/2 years and not more than 5 years in State Prison, and
- Minimum Mandatory 24 months imprisonment, and
- Lifetime license loss.
Junior Operators face different penalties and different standards of proof.
If you have been charged with an OUI in Massachusetts, please call me at 617-934-0272 or email me for a consultation.
For more information see:
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