OUI Penalties

OUI Penalties

Drunk driving often carries serious consequences, and even a first offense can lead to jail time. However, the result of an OUI conviction depends on the number of previous convictions. The following is a summary of the penalties under the OUI laws and is ONLY intended to be a guide. An experienced lawyer can provide a more comprehensive explanation of the OUI laws.

  • FIRST OFFENSE: Incarceration for up to 2 ½ years House of Correction, fines and fees over $2,000 and up to $5,000, license suspended for one year with the possibility for a work/education hardship in 3 months and a general hardship in six months.
  • Alternative Disposition for First Offense OUI: Fines and fees over $2,000 and up to $5,000, probation for one year, 45-60 day license loss (210 days for drivers under age 21) with chance for work/education/medical hardship license after three business days after enrolling in an Alcohol Education program and showing proof of hardship.
  • SECOND OFFENSE: Incarceration for not less than 60 days (30 days mandatory in House of Correction), fines and fees over $2,000 and up to $10,000, license suspended for two years with the possibility for a work/education/medical hardship license in 1 year and a general hardship in 18 months, installation of ignition interlock device for at least 2 years.
  • Alternative Disposition for Second Offense OUI: 2 years probation, 14 day treatment program, fines and fees over $2,000 and up to $10,000, license suspended for two years with the possibility for a work/education/medical hardship license in 1 year and a general hardship in 18 months, installation of an ignition interlock device for at least 2 years.
  • THIRD OFFENSE: Incarceration for not less than 180 days (150 days mandatory in House of Correction), and up to 5 years State Prison, fines and fees over $2,000 and up to $15,000, license suspended for eight years with the possibility for a work/education/medical hardship license in 2 years and a general hardship in 4 years, installation of ignition interlock device for at least the hardship period.
  • FOURTH OFFENSE: Incarceration for not less than 2 years (1 year mandatory in House of Correction), and up to five years State Prison, fines and fees over $2,000 and up to $50,000, license suspended for ten years with the possibility for a work/education/medical hardship license in 5 years and a general hardship in 8 years.
  • FIFTH OFFENSE: Incarceration for not less than 2 ½ years (24 months mandatory in House of Correction), and up to five years in State Prison, fines and fees over $2,000 and up to $50,000, license suspended for life with no possibility for a hardship license.

There are many defenses to drunk driving charges, but it takes an experienced attorney to explore every option. contact us online as soon as possible to begin your defense. We will do everything we can to fight the OUI charge and get your driving privileges back.

In addition to the fines and fines imposed by statute, the Registry of Motor Vehicles will charge driver’s license reinstatement fees, depending upon the offense:

The First Offense is $500.00, the Second Offense is $700.00, and the Third Offense is $1,200.

For more information about drunk driving penalties in Massachusetts, call 508-944-3397 and speak to an experienced drunk driving attorney.