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Drunk Driving and Operating Under the Influence

HomePractice AreasCriminal DefenseDrunk Driving/OUI

Boston Drunk Driving Attorney / OUI Lawyer in MA

If you have been charged with Operating Under the Influence “OUI” in Massachusetts, you should retain a high-quality criminal defense attorney to explain your rights and evaluate your case. OUI Penalties can include jail time, fines, treatment programs, license suspension, and thousands of dollars in increased insurance premiums.

In Massachusetts, it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. The limit for commercial vehicle drivers is 0.4 and even lower for drivers under the age of 21 at 0.2. Massachusetts has strict laws relating to drunk driving, and penalties increased dramatically in 2005 as a result of new legislation known as “Melanie’s Law.”

Implied Consent Law

As a driver in Massachusetts, you agree to submit to a chemical test of your blood, breath or urine if an officer has reasonable cause to believe you are under the influence of alcohol or drugs. If you refuse a test, your license will be suspended for 180 days if you have no prior drunk driving offenses. If you refuse a test, and have one prior drunk driving conviction your license will be suspended for 3 years. The penalties increase to a 5-year suspension with two prior OUI convictions, and to a lifetime suspension if you refuse the test and have 3 previous drunk driving offenses.

Penalties:

1st OUI Conviction

Jail – Up to 30 months
Fine – $500 – $5,000
Assessment – $250
OUI Victim Trust Fund – $50
License Suspension – 1 year
Court Assigned Treatment Program

2nd OUI Conviction

Jail – 30 days to 30 months
Fine – $600 – $10,000
License Suspension – 2 years
Eligible for Hardship License after 1 year
Ignition Interlock Device Required

3rd OUI Conviction

Jail – 150 Days to 5 years
Fine – $1,000 – $15,000
License Suspension – 8 years
Eligible for Hardship License after 2 years
Ignition Interlock Device Required

4th OUI Conviction

Jail – 1 to 5 years
Fine – $1,500 to $25,000
License suspension – 10 years
Eligible for Hardship License after 5 years
Ignition Interlock Device Required

5th OUI Conviction

Jail – 2 to 5 years
Fine – $2,000 – $50,000
License Suspension – Permanent

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