Massachusetts OUI/DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Massachusetts
Massachusetts DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Massachusetts, the law allows only 10 days for a Massachusetts DUI Lawyer to make a request with the Alabama Department of Public Safety, Driver License Division for a hearing to help save your drivers license.
What are the penalties for DUI in Massachusetts?
The penalties for driving under the influence in Massachusetts will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
MA DUI Penalties
Massachusetts is a state with a 5 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense in Massachusetts:
- Fines: $600 to $2,100
- Imprisonment: no more than 1 year in county or municipal jail
- Drivers License Suspension: 90 day drivers license suspension (90 day suspension period can be stayed if offender elects to have an approved ignition interlock device (IID) installed on designated vehicle for a period of 6 months)
- Ignition Interlock: If convicted of DUI with a BAC of 0.15% or higher a certified ignition interlock device (IID) must be installed on designated motor vehicle for a period of 2 years from the date of issuance of a driving license
- Must complete DUI or substance abuse court referral program before driving license will be re-issued
- MA SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DUI offense in Massachusetts:
- Fines: $1,100 to $5,100
- Imprisonment: no more than 1 year in county or municipal jail (5 days mandatory minimum must be served)
- Community Service: not less than 30 days of community service may be ordered in lieu of imprisonment
- Drivers License Revocation: 1 year drivers license revocation (ignition interlock restricted drivers license may be available after 45 days of the revocation period has been served)
- Ignition Interlock: must install a certified ignition interlock device (IID) on designated motor vehicle for a period of 2 years from the date of issuance of a driving license
- Must complete DUI or substance abuse court referral program before driving license will be re-issued
- MA SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DUI offense in Massachusetts:
- Fines: $2,100 to $10,100
- Imprisonment: 60 days to 1 year in county or municipal jail (60 days mandatory minimum must be served)
- Drivers License Revocation: 3 years drivers license revocation (ignition interlock restricted drivers license may be available after 180 days of the revocation period has been served)
- Ignition Interlock: must install a certified ignition interlock device (IID) on designated motor vehicle for a period of 3 years from the date of issuance of a driving license
- Must complete DUI or substance abuse court referral program before driving license will be re-issued
- MA SR22 Insurance (proof of financial responsibility) Requirement
4th (& subsequent) DUI Offense / Conviction - Class C Felony
The penalty upon conviction of a fourth or subsequent DUI offense in Massachusetts:
- Fines: $4,100 to $10,100
- Imprisonment: 366 days to 10 years (where term of imprisonment does not exceed 3 years, confinement may be served in county jail)
- Drivers License Revocation: 5 years drivers license revocation (ignition interlock restricted drivers license may be available after 1 year of the revocation period has been served)
- Ignition Interlock: must install a certified ignition interlock device (IID) on designated motor vehicle for a period of 5 years from the date of issuance of a driving license
- Must complete DUI or substance abuse court referral program before driving license will be re-issued
- MA SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
In Massachusetts any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. It is an offense to refuse to submit or fail to complete a blood alcohol test when required to do so.
Chemical Test Refusal Penalties - Massachusetts
If a person refuses to submit to a chemical test in Alabama, evidence of the test refusal shall be admissible in any civil or criminal proceedings arising out of any acts alleged to have been committed while the person was driving or in actual physical control while under the influence of alcohol or a controlled substance.
First Chemical Test Refusal
- Drivers License Suspension: 90 days drivers license suspension
- Ignition Interlock: Will be required to install a certified ignition interlock device (IID) on designated motor vehicle for a period of 2 years from the date of issuance of a driving license
- MA SR22 Insurance (proof of financial responsibility) Requirement
Second (& subsequent) Chemical Test Refusal
- Drivers License Revocation: no less than 1 year drivers license revocation
- Ignition Interlock: Will be required to install a certified ignition interlock device (IID) on designated motor vehicle for a period that will be determined by the court
- MA SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Massachusetts
The maximum legal BAC (blood alcohol content) limits in Massachusetts for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Massachusetts it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Massachusetts it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
SCHOOL BUS / DAY CARE DRIVERS - BAC LIMIT = 0.02%
In the State of Massachusetts it is an offense for school bus and day care drivers to drive with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Massachusetts it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Massachusetts and implied consent laws are enforced.
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