Learn More About DWIs

Massachusetts OUI & DUI Laws

Jun 30, 2016

In Massachusetts you will be convicted of operating under the influence (OUI) if you have a blood alcohol concentration of .08% or greater. An OUI is an interchangeable term with DUI (driving under the influence) that are both crimes committed by operating a vehicle while intoxicated or under the influence of drugs.

Legal limit in Massachusetts:

  • Standard, non-commercial drivers: .08% BAC 
  • Commercial drivers: .04% BAC
  • Drivers under 21: .02% BAC

Penalties, Fines, & Suspension

Massachusetts OUI & DUI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense 4th offense
Sentence Up to 30 months 1 to 30 months 150 days to 5 years 1 to 5 years
Fine $500 to $5,000 $600 to $10,000 $1,000 to $15,000 $1,000 to $25,000
Driver’s License Suspension 1 year 2 years 8 years 10 years

Chemical Test Refusal

Massachusetts is a implied consent state meaning that all drivers are required to take a breath or blood test if convicted with a OUI. If a driver refuses this chemical test, he or she will be subject to an immediate license suspension as well as additional fines.

1st offense: License suspension for 180 days
2nd offense: License suspension for 3 years
3rd offense: License suspension for 5 years

Ignition Interlock

In order to regain your license after suspension from a second or third OUI offense, you will be required to install an ignition interlock device (IID) in your vehicle at the offender’s expense. This device is connected to the vehicle and will require the driver to test their BAC before starting the vehicle, similar to a breathalyzer.

Criminal Record

An OUI will remain on a Massachusetts driver’s record for life. It is not possible to remove this charge from your record.

Under 21

Refusing to take a chemical test as a minor (under the age of 21) will result in a license suspension for 3 years. After the third offense your license can be suspended from 5 years to a lifetime.  Massachusetts has a zero tolerance policy for underage drunk driving. If a minor’s BAC is .02 or greater they can be subject to a license suspension for 30 days to 1 year, sentenced for no more than 2.5 years or a fine of $500 to $5,000.

OUI with a Child Passenger

If an adult is charged with an OUI with a child passenger under the age of 14 years of age, the driver will also be charged with child endangerment. After the first offense you will be subject to up to a $5,000 fine, sentenced for 90 days to 2.5 years and a license suspension for up to one year. After a second offense you will be issued a fine between $5,000 and $10,000, sentenced for 3 to 5 years, and a license suspension of 3 years.

More on MA OUI Laws:

Massachusetts Court System: Drunk Driving Laws:


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Updated: July 8, 2016 at 5:04 pm