OUI/DUI Laws in Massachusetts: What You Need to Know
Driving under the influence (DUI), known as Operating Under the Influence (OUI) in Massachusetts, is a serious offense with severe legal and financial consequences. Understanding the laws, penalties, and defense strategies is critical if you or a loved one has been charged with OUI.
What Constitutes an OUI in Massachusetts?
An OUI charge applies when a driver operates a motor vehicle while impaired by alcohol, drugs, or a combination of both. You can be charged if:
You may be presumptively under the influence if your Blood Alcohol Concentration (BAC) is 0.08% or higher (0.02% for drivers under 21).
You are impaired by alcohol or drugs, even if your BAC is below the legal limit.
You are caught driving under the influence of illegal or prescription drugs that affect your ability to drive safely.
Penalties for an OUI Conviction
OUI penalties vary based on the number of prior offenses and aggravating factors:
First Offense:
Up to 2.5 years in jail
License suspension for 1 year
Fines ranging from $500 to $5,000
Mandatory alcohol education program
Possible hardship license
Second Offense:
Jail sentence, up to 2.5 years
License suspension for 2 years
Fines up to $10,000
Required installation of an Ignition Interlock Device (IID)
2 weeks in patient
Possible hardship
Third Offense (Felony OUI):
Minimum 150-day jail sentence, up to 5 years in State prison
License suspension for 8 years
Fines up to $15,000
IID requirement upon license reinstatement
Refusing a Breathalyzer Test: The Implied Consent Law
Massachusetts operates under an implied consent law, meaning drivers automatically agree to BAC testing when suspected of OUI. Refusing a breathalyzer test can lead to:
First offense: 180-day statuary license suspension
Second offense: 2-year license suspension
Third offense: 5-year license suspension
How to Fight an OUI Charge in Massachusetts
A skilled OUI defense attorney can evaluate your case and build a strong defense. Common defense strategies include:
Challenging the Traffic Stop – If police lacked reasonable suspicion to pull you over, the case may be dismissed.
Questioning the BAC Test Accuracy – Breathalyzers can be faulty or improperly calibrated.
Proving Lack of Impairment – Demonstrating that factors like fatigue or medical conditions led to the appearance of intoxication.
Violation of Rights – If you were not informed of your rights, key evidence could be excluded.
There are other challenges that may be successful.
Hardship Licenses & Reinstatement
If your license is suspended due to an OUI conviction, you may qualify for a hardship license allowing limited driving privileges. To obtain one, you must:
Complete a portion of the suspension period
Enroll in an alcohol education program
Demonstrate a need to drive for work, education, or medical reasons
Usually entails a hearing before the Registry of M.V.
Why You Need an Experienced OUI Attorney
An OUI conviction can have lasting consequences on your career, insurance rates, and criminal record. Working with a knowledgeable OUI defense lawyer can help minimize penalties or even get charges dismissed.
Contact TD Law Group for OUI Defense
If you or a loved one is facing an OUI charge, TD Law Group is here to fight for your rights and help protect your future. Don't go to court without your lawyer.
📞 Call us today or fill out the form below for a free consultation!
