What happens if I get an OUI in Massachusetts?

Massachusetts calls drunk driving "OUI" (Operating Under the Influence). Despite harsh statutory maximums, first offenders commonly receive a 24D "alternative disposition" that allows a Continuance Without a Finding.

1. Per Se BAC Standard

Mass. Gen. Laws ch. 90, § 24(1)(a)(1) sets adult OUI at 0.08% BAC; "OUI Drugs" under § 24(1)(a)(1) covers any narcotic or marijuana. Commercial limit is 0.04% under ch. 90F § 7; under-21 limit is 0.02% under § 24P.

2. Implied Consent

Mass. Gen. Laws ch. 90, § 24(1)(f)(1) requires submission to breath testing. First refusal triggers a 180-day Registry of Motor Vehicles license suspension; refusal with prior OUI within 10 years results in 3-year suspension; refusal at any age under 21 results in 3-year suspension.

3. First-Offense Penalties

First OUI under § 24(1)(a)(1): up to 2.5 years House of Correction, $500-$5,000 fine, 1-year license loss. Most first offenders receive the "24D Disposition" under § 24D — a Continuance Without a Finding (CWOF) with 1 year probation, 16-week Driver Alcohol Education program ($800), 45-90 day license suspension, and $250 court costs.

4. Enhancements

Third OUI under § 24(1)(a)(1) is a felony with 150 days mandatory in House of Correction; fourth OUI is a 1-year mandatory state prison sentence; fifth OUI is 2-year mandatory; manslaughter by motor vehicle (§ 24G) is a felony with 5-15 years state prison. Melanie's Law adds child-passenger and OUI-with-serious-injury enhancements.

5. Administrative License Suspension (ALS)

RMV imposes immediate 30-day suspension upon BAC failure; 180-day suspension for refusal. You have 15 days to file an RMV appeal in the District Court Division.

6. Court Process

Arraignment, pretrial conferences, motions to suppress (Mass. R. Crim. P. 13), plea bargaining (24D first-offender disposition common), and 6-person jury trial available in District Court.

7. Long-Term Consequences

SR-22 not state-required (Massachusetts uses surcharges through the Merit Rating Board adding ~$1,000+/year for 6 years); federal CDL disqualification for 1 year (49 C.F.R. § 383.51); OUI cannot be sealed or expunged under ch. 276 § 100A.

This is legal information, not legal advice.