What are Possible Penalties if Found Guilty of DUI/OUI in Massachusetts?

The DUI/OUI laws in MA are very strict. Refusing to take a breathalyzer test can result in license suspensions and other penalties. In Massachusetts, the driving license is granted to individuals with an implied consent for a blood test and thus, if a driver refuses it, it is treated as grounds enough for a license suspension.

Here are some of the penalties applicable to DUI/OUI offenses in MA:

First Offense

• License suspension for up to one year.
• A minimum fine of $500. This may be higher, depending upon the gravity of the charge.
• Serving up to two and a half years in a correction facility.
• An Alternative Disposition, Section 24D, is available. Section 24D allows individuals to register for an alcohol education program, a reduced probation period, and a reduced license suspension period.
• If the individual is under 21 years of age, the penalties are harsher:
• License suspension for three years for refusal to take the breathalyzer test and 180 days of suspension under a separate law called Junior Operator’s Law.

Second Offense

• License suspension for two years.
• A fine of between $600 and $10,000.
• 30 day minimum mandatory sentence, and depending on the circumstances, may extend to no less than 60 days, up to two and a half years in correctional facility.
• Access to Section 24D disposition is available, with compulsory attendance at a residential 14-day alcohol education program.

Third Offense

• License suspension for a period of eight years.
• A fine of between $1000 and $15,000.
• 150 days minimum mandatory sentence, which can extend up to two and a half years. This can also include a term of two and a half years in a state prison that can extend up to five years.
• There is no provision for an alternative disposition, such as the Section 24D Disposition available for the First and Second DUI/OUI offenses.

Fourth Offense

• License suspension period of up to ten years.
• A fine of $1500, which may extend up to $25000.
• Imprisonment for the Fourth offense of DUI/OUI can last up to two and a half years in a correctional facility, or up to five years in a state prison. The fourth offense also carries a minimum mandatory sentence of one year.

Contacting a Criminal Lawyer in MA

There are additional penalties for refusing the breathalyzer test, including revoking of the license. Furthermore, the license is not automatically reinstated even if the DUI/OUI charge is finally dismissed. A lawyer, preferably an OUI attorney in Massachusetts and representing the defendant must prove the need for license reinstatement against a prosecutor’s stand on suspension.

A professional attorney is also needed to understand and apply alternatives such as the 24D Disposition. The rules are different for each offense where alternative dispositions are applicable, and these can be challenging to understand.

If this sounds complex, it is time to reach out to a professional lawyer to learn more. Call us at (855) 254-7841 for immediate assistance. Our team of lawyers understands the complexities of law, keeps pace with the changes and trends, and can help reduce the penalties applicable, while still keeping well within legal rights.