What are OUI penalties in Massachusetts?

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Accepted Answer

Massachusetts OUI law, G.L. c. 90 § 24, has a unique alternative disposition program (24D) for first offenders that often avoids jail.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (G.L. c. 90 § 24P).

2. First Offense — Misdemeanor: up to 2½ years house of correction (rarely imposed), $500-$5,000 fine, 1-year license suspension. Most defendants take the 24D alternative: 2 years probation, 16-week alcohol education program, $250 fee, 45-90 day license suspension (with hardship license available), and a continuance without a finding (CWOF) so no conviction enters if probation is completed.

3. Second Offense within 10 years — Misdemeanor: 30 days to 2½ years jail (mandatory minimum 30 days, 14 may be served as inpatient treatment), $600-$10,000 fine, 2-year license suspension, mandatory IID upon restoration.

4. Third Offense (Lifetime Lookback) — Felony: 150 days to 5 years prison (mandatory minimum 150 days), $1,000-$15,000 fine, 8-year license suspension, mandatory IID. Designated 'serial drunk driver.'

5. Fourth Offense — Felony: 1-5 years prison (mandatory minimum 1 year), $1,500-$25,000 fine, 10-year license suspension.

6. Fifth Offense — Felony: 2-5 years prison (mandatory minimum 2 years, no parole eligibility for first 2), $2,000-$50,000 fine, lifetime license revocation.

7. OUI Causing Serious Bodily Injury (§ 24L) — Felony: 6 months to 2½ years jail (manslaughter charge possible).

8. OUI Manslaughter (§ 13½) — Felony: 5-20 years state prison.

9. Implied Consent (§ 24(1)(f)) — Refusing breath test triggers 180-day license suspension for first refusal (3 years for second, 5 years for third, lifetime for fourth+) — even if found not guilty.

10. Melanie's Law (2005) — Created enhanced penalties, expanded IID requirements, and made many offenses felonies for repeat offenders.

11. Aggravating Factors — Child under 14 in vehicle adds 90 days to 2½ years jail and $1,000-$5,000 fine under § 24V.

This is legal information, not legal advice.