OUI Penalties

Here is an overview of the penalties under Massachusetts law for OUI/DUI offenses. New Bedford OUI lawyer Gary Pacella can explain the specific penalties that you may be facing in more detail.

First Offense

Five hundred to Five Thousand Dollar Fine; Fees*
Jail for not more than 2 ½ years;
License loss:** one year form date of conviction; Work/Educational Hardship after 3 Months; General Hardship after 6 months
Breath Test Refusal 180 Days **

24D Alternative

Probation for not more than two years: must attend and complete driver alcohol education program as a condition of probation.
License loss: Not less than 45 not more than 90 days.
Upon entry into 24D program may apply for hardship license.

Second Offense

Six Hundred to Ten Thousand Dollar Fine: Fees*
Jail for not less than sixty days and not more than 2 ½ years; thirty days of sentence must be served:
License loss** two years from date of conviction; Work/Educational Hardship after 1 year;
General Hardship after 18 months. Must install Ignition Interlock Device for period of hardship (RMV requires IID for two additional years after hardship expires).
Breath test Refusal 3 years **

Chapter 90 Section 24 (4) Alternative

Two years probation: Conditions of probation attend and complete 14 day inpatient program and aftercare.

24 D Alternative If one prior offense and the date of conviction is more than ten years from current arrest:
Probation for not more than two years: must attend and complete driver alcohol education program as a condition of probation.
License loss**: Not less than 45 not more than 90 days. Must install Ignition Interlock Device.
(RMV requires IID for two additional years after hardship expires).

Third Offense (felony)

One Thousand to Fifteen Thousand Dollar Fine: Fees*
Jail for not less than one hundred eighty days and not more than 2 ½ years; one hundred and fifty days of sentence must be served;
License loss** eight years from date of conviction; Work/Educational Hardship after 2 years; General hardship after 4 years. Must install Ignition Interlock Device for period of hardship (RMV) requires IID for two additional years after hardship expires).
Breath Test Refusal 5 years **

Fourth Offense (felony)

One Thousand Five Hundred to Twenty Thousand Five Thousand Dollar fine; Fees*
Jail for not less than two years not more than 2 ½ years and not more than five years;
one year of sentence must be served;
State prison for not less than 2 ½ years and not more than five years; one year of sentence must be served;
License loss**: ten years from date of conviction; Work/Educational hardship after 5 years; General hardship after 8 years. Must install Ignition Interlock Device for period of hardship (RMV requires IID for two additional years after Hardship expires).
Breath Test Refusal Life**

Fifth or Subsequent Offense (felony)

Two Thousand to Fifty Thousand Dollar fine; Fees*
Jail for not less than 2 ½ years; Two years of sentence must be served;
State Prison for not less than 2 ½ years and not more than five years; Two years of sentence must be served;
Lifetime license loss; No Hardship.

* FEES: Any conviction or CWOF requires a $ 250.00 head injury fee, $50.00 victim of Drunk Driving fee and $50.00 victim witness fee. If place on probation an additional probation service fee of $65.00 per month is assessed. If 24 D disposition $250.00 state fee and program costs.

** All license losses (ie Breath test and conviction) run consecutive not concurrent. No Hardship license for breath test refusal until case is concluded.

Don’t you want a real defender in your corner? Contact the Pacella Law, P.C. today to schedule your free OUI/DUI case consultation.