Massachusetts OUI Laws and Penalties

While most people facing OUI charges in Massachusetts are aware of the weight these allegations carry, many are unaware of the specific ways a conviction can impact their lives. Understanding Massachusetts OUI laws and penalties is crucial when you or a loved one is facing intoxicated driving charges. Luckily, a skilled lawyer from Ellison Law LLC can guide you through the process and help you understand the potential consequences of an OUI.

Your Dedicated OUI Lawyers

The team at Ellison Law LLC has dedicated their careers to protecting the rights of residents throughout Rhode Island and Massachusetts. We utilize an honest, compassionate approach with our clients and have experience handling cases ranging from minor speeding tickets to defense against felony charges. Our team has successfully navigated countless OUI cases and works tirelessly to protect our clients’ futures.

Founding attorney David Ellison was a staff attorney for the Massachusetts Public Defender Division before starting our firm, and has been named a Super Lawyer in 2023 and 2024. His unique experience gives our team a powerful advantage both in and out of court.

Overview of OUI Cases in Massachusetts

Operating while under the influence (OUI) is defined under state law as controlling a motor vehicle with a blood alcohol content (BAC) of at least 0.08%, or while significantly impaired by a substance. For non-alcohol cases, there is no set BAC, and charges are determined by how a substance affects a person. OUI laws in Massachusetts do not require someone to be driving during the time of arrest.

OUIs present a serious public safety concern for drivers across America. In 2023, the National Highway Traffic Safety Administration reported 12,429 deaths from alcohol-related crashes across the country, or one every 42 minutes. That same year, there were 8,208 OUI arrests in Massachusetts, with 116 fatalities in crashes involving an alcohol-impaired driver. You don’t have to be driving on I-495 or I-95 to be affected by impaired driving.

Massachusetts OUI Penalties

The exact penalties you may face for an OUI depend on your previous convictions and aggravating factors involved in your case. However, one factor that makes Massachusetts OUI laws unique is that there are no limits on the look-back period for subsequent OUI charges. This means that a second OUI, even if it occurred decades after a first offense, is still treated as a second-time infraction.

The following are the different types of consequences that come with OUI convictions in Massachusetts:

1. First Offense
   The punishment for a first-time OUI in Massachusetts depends on which section of state law the charges are pursued under. The default penalties include a fine of $500 to $5,000, license suspension, and jail time of up to two and a half years.First offenses may be prosecuted using Section 24D’s standards. This includes probation of up to two years in place of jail time, a license suspension for 45 to 90 days, and enrollment in a state-approved alcohol treatment program.
2. Second Offense
   A secondary OUI offense in Massachusetts has harsher penalties than a first-time offense. This includes a fine of between $600 and $10,000, imprisonment of between 60 days and two and a half years, and a several-year license suspension. Probation may be available, but time served may not be reduced below a minimum of 30 days.
3. Third and Subsequent Offense
   A third OUI offense in Massachusetts is escalated from a misdemeanor to a felony, increasing its effect on your life. Under Melanie’s Law, you may have an ignition interlock device (IID) installed for a minimum of two years upon conviction. Additional punishments you may receive include $1000-$15,000 fines, up to five years in state prison, and a license suspension of eight years.Subsequent offenses after a third conviction result in increased fines and the potential for a lifetime license revocation.

Hire an OUI Lawyer in Massachusetts Today

When you’re facing OUI allegations in Massachusetts, it’s crucial that you hire an experienced defense lawyer who can protect your rights, your career, and your future. A skilled OUI lawyer from Ellison Law LLC can work with you to build a strategic defense based on the unique circumstances of your charges. We can represent you both in and out of court, fighting for reduced or even dismissed charges.

FAQs

What Is the Difference Between an OUI and a DUI in Massachusetts?

The main difference between an OUI and a DUI in Massachusetts is that state law uses OUI as the official designation, while DUI is a non-legal term. One important distinction unique to Massachusetts is that an OUI charge does not require you to be actively driving to be convicted. You may still be charged if under the influence and sitting in the driver’s seat with the engine running, or if you have the ability to move the vehicle.

Do You Need a Lawyer for an OUI Charge in Massachusetts?

Massachusetts state law does not legally require you to hire a lawyer for an OUI charge, but doing so is highly recommended. Experienced legal counsel can review the case against you, highlight any procedural errors, represent you in court, and fight to get your charges reduced or dismissed. An attorney can mean the difference between probation and jail time.What Penalties Can You Face for an OUI Conviction in Massachusetts?

The penalties someone may face for an OUI conviction in Massachusetts depend on their criminal and driving history, as well as whether any aggravating factors were involved in the case. Typical punishments include fines, license suspensions, installation of an interlocking ignition device, additional treatment, and jail time. An experienced OUI attorney can review your case and explain what specific penalties you are likely to face.

Can You Refuse a Breathalyzer Test in Massachusetts?

In Massachusetts, you may refuse a breathalyzer test, but doing so may not be wise. Massachusetts has implied consent laws, meaning that drivers automatically consent to chemical tests. If you deny a blood or breath test, it may not be used as evidence against you in an OUI case, but your license will be automatically suspended for at least 180 days.

Contact Ellison Law LLC Today

Contact Ellison Law LLC today to schedule your initial consultation with our team. In this meeting, we can learn your story, explain the exact penalties you may face, and explore legal defenses in your OUI case. You may also visit our Fall River office, across the street from Fall River District Court, and a few blocks southwest of Fall River City Hall.