Massachusetts DUI Laws

Most states have implied consent laws in conjunction with their DUI laws. In Massachusetts, the implied consent law goes into affect the minute you drive a motorized vehicle on Massachusetts Roads. In Massachusetts, the implied consent law is in effect for any person or persons, resident or nonresident, who operates a motorized vehicle in Massachusetts. You automatically forfeit the right to refuse a blood, urine, or breathe test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in Massachusetts. The first time you refuse to cooperate with an officer of the law, your driver’s license will be revoked. Massachusetts has what is called Melanie’s law enacted in 2005 which increases the penalties for refusing to take a blood, breath or urine test for suspected DUI. Your license will be suspended for 180 days for your first refusal if there are no prior DUI arrests on your record. If you have a prior conviction, your license will be suspended for three years when your refuse to take the test. If you have two prior convictions, your license will be suspended for five years when your refuse to take the test. If you have three prior convictions, your license will be suspended for the rest of your life when your refuse to take the test.

Massachusetts puts individuals arrested for DUI through two court procedures. Offenders will be tried in a criminal case and a separate DUI driver’s license case. The criminal case will deal with jail time to be served, mandatory alcohol education classes, fines, mandatory Ignition Interlock Device. The administrative procedures will deal with driver’s license suspension.



Drunk driving in the state of Massachusetts is called an OUI, Operating a vehicle while under the influence. It is considered a crime in Massachusetts and fines up to $50,000.00 as well as jail time, license suspension are the penalties attached to the offense. If a minor child under the age of 14 is with you, the penalties will multiply and you will face child endangerment charges. Anyone who has blood alcohol content (BAC) of .08% or above will receive an OUI in the state of Massachusetts. Since Massachusetts uses the Per Se law, there is no other proof needed to convict you for an OUI. Under age drinkers fall under the zero tolerance law. Anyone under the age or 21 will be charge with an OUI if their BAC is above 0.0%, for example, 0.01% to 0.02%.

A BAC of .15% or more puts you into the enhanced penalties. This means the fines and penalties will double. These penalties may include more jail time and more severe driver’s license suspensions. OUI penalties will also be increased when an accident occurs which involves injuries or deaths due to drunk driving.

Repetitive OUI’s will result in harsher fines and penalties. Administrative License suspension or revocation is the loss of your license when the BAC is above state set limits or if you refuse to take any of the chemical tests for intoxication. The Department of Motor Vehicles will be responsible for the loss of license separate from the criminal trial. You may loose your vehicle either permanently or for a specified length of time. This penalty is usually a consequence for repeat offenders. You may also be required to put the Ignition Interlock Device (IID) on your vehicle at your own expense. This device will not allow you to operate your car with more than minimal alcohol content (.02) on your breath.



Your first OUI offense will result in up to 30 months in jail, and fines of $500.00 to $5,000.00, a fine assessment fee of $250.00, and a $50.00 DUI Victim Trust Fund fine. Your license will be suspended for 1 year and you will be required to participate in a court assigned treatment program.

Your second offense will result in up to 30 days to 30 months in jail, and fines of $600.00 to $10,000.00. Your license will be suspended for 2 years with the possibility of a Hardship License after one year of the suspension has been served. You will be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

Your third offense will result in up to 150 days to 5 years in jail, and fines of $1,000.00 to $15,000.00. Your license will be suspended for 8 years with the possibility of a Hardship License after two years of the suspension has been served. You will be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

Your fourth offense will result in up to 1 to 5 years in jail, and fines of $1,500.00 to $25,000.00. Your license will be suspended for 10 years with the possibility of a Hardship License after five years of the suspension has been served. You will be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

Your fifth offense will result in up to 2 to 5 years in jail, and fines of $2,000.00 to $50,000.00. Your license will be suspended permanently.

If there was a child under the age of 14 in the car with you, you will be charged with child endangerment. You will receive 90 days to 2 and ½ years in jail and be fined $1,000.00 to $5,000.00 as well as loosing your license for one year.