Massachusetts OUI Laws & Penalties
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Massachusetts law says 'operating under the influence' (OUI), not DUI/DWI — pages must use OUI.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: lifetime. Melanie's Law (2005) imposed a lifetime lookback — all prior OUIs count regardless of age. A prior >10 years old can restore eligibility for a second-chance 24D-style disposition ('Cahill' disposition) at the court's discretion.
- Primary statute: M.G.L. c.90, § 24
0.15+ triggers ignition-interlock condition on any first-offense hardship license (Melanie's Law).
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none – 2.5 years (house of correction) | $500–$5,000 (plus assessments/fees; 24D route costs ≈$1,600 in fines and fees) | 1 year; hardship: after 3 months (work/education) | Not required |
| Second offense | misdemeanor | 30 days – 2.5 years (house of correction); mandatory min 30 days (14-day inpatient treatment program may substitute) | $600–$10,000 (plus assessments/fees) | 2 years; hardship: after 1 year, interlock required | Required |
| Third offense | felony | 150 days – 2.5 years (house of correction) or 2.5–5 years state prison; mandatory min 150 days | $1,000–$15,000 (plus assessments/fees) | 8 years; hardship: after 2 years, interlock required | Required |
| Fourth+ offense | felony | 1 year – 2.5 years (house of correction) or 2.5–5 years state prison; mandatory min 1 year | $1,500–$25,000 (plus assessments/fees) | 10 years (4th) – lifetime revocation (5th offense); hardship: 4th: after 5 years; 5th: none | Required |
First offense
- Classification: misdemeanor
- Jail: none – 2.5 years (house of correction)
- Fine: $500–$5,000 (plus assessments/fees; 24D route costs ≈$1,600 in fines and fees)
- License suspension: 1 year; hardship: after 3 months (work/education)
- Alternative disposition: Section 24D disposition: typical first-offense outcome — continuance without a finding or guilty filing, 1–2 years probation, 16-week driver alcohol education program, license suspension reduced to 45–90 days, ≈$1,600 fines/fees.
- Interlock: Required as hardship-license condition if BAC was 0.15+.
- Most first offenders resolve via 24D, not the statutory maximums.
Second offense
- Classification: misdemeanor
- Jail: 30 days – 2.5 years (house of correction); mandatory min 30 days (14-day inpatient treatment program may substitute)
- Fine: $600–$10,000 (plus assessments/fees)
- License suspension: 2 years; hardship: after 1 year, interlock required
- Alternative disposition: If the prior OUI is >10 years old, courts may allow a second-chance 24D disposition (Cahill).
- Interlock required for 2 years after reinstatement (2+ offenses, c.90 § 24 1/2).
Third offense
- Classification: felony
- Jail: 150 days – 2.5 years (house of correction) or 2.5–5 years state prison; mandatory min 150 days
- Fine: $1,000–$15,000 (plus assessments/fees)
- License suspension: 8 years; hardship: after 2 years, interlock required
- Ranges per c.90 § 24 as amended; corroborated by NCDD state summary — re-confirm against current statute text at page-QC pass.
Fourth+ offense
- Classification: felony
- Jail: 1 year – 2.5 years (house of correction) or 2.5–5 years state prison; mandatory min 1 year
- Fine: $1,500–$25,000 (plus assessments/fees)
- License suspension: 10 years (4th) – lifetime revocation (5th offense); hardship: 4th: after 5 years; 5th: none
- 5th offense = lifetime license revocation, no hardship. Ranges corroborated by NCDD summary — re-confirm against current statute text at page-QC pass.
Refusing a chemical test (implied consent)
180-day administrative license suspension (age 21+, no priors); 3 years with one prior OUI; 5 years with two priors; lifetime with three priors. Runs in addition to any court-imposed suspension.
Unusual: breath-test refusal is NOT admissible as evidence at trial in Massachusetts (unlike most states) — refusal is punished administratively only.
Statute: M.G.L. c.90, § 24(1)(f)(1)
Ignition interlock
Melanie's Law (2005): ignition interlock mandatory for anyone with 2+ OUI convictions/program assignments as a condition of any hardship license and for 2 years after full reinstatement; also required on first-offense hardship licenses where BAC was 0.15+. RMV runs the Ignition Interlock Device Program.
Statute: M.G.L. c.90, § 24 1/2
Frequently asked questions
What is the penalty for a first OUI in Massachusetts?
A first OUI in Massachusetts is a misdemeanor. Jail: none – 2.5 years (house of correction). Fine: $500–$5,000 (plus assessments/fees; 24D route costs ≈$1,600 in fines and fees). License suspension: 1 year; hardship: after 3 months (work/education).
What is the legal BAC limit in Massachusetts?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Massachusetts look back at prior OUI offenses?
lifetime. Melanie's Law (2005) imposed a lifetime lookback — all prior OUIs count regardless of age. A prior >10 years old can restore eligibility for a second-chance 24D-style disposition ('Cahill' disposition) at the court's discretion.