Massachusetts OUI DUI Laws

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The maximum prescribed legal BAC limit in Massachusetts is 0.08% per se
(effective from June 30th 2003)

DUI (Driving Under the Influence), OUI (Operating Under the Influence), and DWI (Driving While Intoxicated or Driving While Impaired) are all terms used to describe drunk driving charges in the state of Massachusetts.

(If you’ve been charged with Massachusetts DUI OUI, the law allows 30 days(15 days before license is suspended) for your Massachusetts DUI Lawyer to make a request with the Massachusetts Registry of Motor Vehicles (RMV) for a hearing to save your driving license)

Massachusetts OUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Massachusetts it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in Massachusetts and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI OUI - Drunk Driving in Massachusetts

Massachusetts is a state with a lifetime ‘washout period,’ also known as a 'look back period', this means that a prior OUI conviction is admissible your entire life.

First OUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first OUI - drunk driving conviction in Massachusetts:

• $500 to $5,000 fine
• up to 2.5 years in jail
• 1 year drivers license suspension (hardship ignition interlock restricted drivers license may be available after 3 months)
• SR22 insurance requirement

Second OUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second OUI - drunk driving conviction in Massachusetts:

• $600 to $10,000 fine
• 30 days to 2.5 years in jail
• 2 years drivers license suspension (hardship ignition interlock restricted drivers license may be available after 1 year)
• 2 years ignition interlock restriction upon re-instatement of drivers license
• SR22 insurance requirement

Third OUI - Drunk Driving Conviction - Felony

The penalty for a third OUI - drunk driving conviction in Massachusetts:

• $1,000 to $15,000 fine
• 150 days to 5 years in jail
• 8 years drivers license suspension (hardship ignition interlock restricted drivers license may be available after 2 years)
• 2 years ignition interlock restriction upon re-instatement of drivers license
• SR22 insurance requirement

Fourth OUI - Drunk Driving Conviction - FELONY

The penalty for a fourth OUI - drunk driving conviction in Massachusetts:

• $1,500 to $25,000 fine
• 1 year to 5 years in jail
• 10 years drivers license suspension (hardship ignition interlock restricted drivers license may be available after 5 years)
• 2 years ignition interlock restriction upon re-instatement of drivers license
• SR22 insurance requirement

Fifth OUI - Drunk Driving Conviction - FELONY

The penalty for a fifth OUI - drunk driving conviction in Massachusetts:

• $2,000 to $50,000 fine
• 2 years to 5 years in jail
• lifetime drivers license revocation

Child endangerment while driving drunk

If you have a child under 14 years of age in a vehicle while driving drunk, you will be charged with child endangerment. The penalties for this, in addition to OUI penalties are:

• $1,000 to $5,000 fine
• 90 days to 2.5 years in jail
• 1 year drivers license suspension
• SR22 insurance requirement

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Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Massachusetts and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Massachusetts

In Massachusetts, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

First chemical test refusal

• 180 days drivers license suspension
• SR22 insurance requirement

Second chemical test refusal

• 3 year drivers license suspension
• SR22 insurance requirement

Third chemical test refusal

• 5 year drivers license suspension
• SR22 insurance requirement

Third chemical test refusal

• lifetime drivers license revocation

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Massachusetts Auto insurance (High Risk DUI SR22 Insurance)

Massachusetts auto insurance quotes ENTER ZIP CODE:

Massachusetts SR-22 auto insurance is usually required for a period of 3 years after a OUI - drunk driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Massachusetts auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Massachusetts

The minimum mandatory liability insurance coverage required in the state of Massachusetts for private passenger vehicles is (20/40/5). This equates to the following liability coverage:

• $20,000 bodily injury liability (BIL) per person
• $40,000 for two or more people in one accident
• $5,000 property damage liability (PDL) coverage

You must also have:

• Personal injury protection (PIP) ― Pays up to $8,000 to the insured, passengers, pedestrians, or anyone the insured allows to drive the vehicle.
• Bodily injury caused by an uninsured auto―Minimum $20,000 per person, $40,000 per accident
  

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local Massachusetts Lawyer

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Protect your rights! Talk to a local DUI lawyer Massachusetts DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Massachusetts drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Massachusetts Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Massachusetts? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Massachusetts? • Does Massachusetts have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Massachusetts laws and procedures ? • When and how can you get your driver’s license reinstated in Massachusetts? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Massachusetts criminal defense attorney specialising in Massachusetts drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the Massachusetts drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Massachusetts DUI lawyer is recommended in all cases.

Useful Massachusetts OUI Links:

OUI - Drunk Driving Laws in Massachusetts

Massachusetts Drivers Manual

Massachusetts SR22 Insurance Requirement

Massachusetts Registry of Motor Vehicles

Massachusetts Office of Transportation

Massachusetts State Courts

Massachusetts Division of Insurance

Massachusetts OUI - DUI Lawyers

Massachusetts OUI - DUI discussion forum

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