OUI / DUI Penalties- Massachusetts

OUI- 1st Offense: Guilty Verdict/Plea

• Guilty finding (criminal conviction)
• Jail, not more than 2 ½ years
• Fines from $500- $5,000
• License suspension 1 year (on and after the suspension for breath test refusal (if any). No consideration for hardship until at least 3 months into 1-year license suspension period.

OUI-1st Offense: Alternative disposition/ plea negotiation:

• Continuance Without A Finding (No criminal conviction)
• 1 year probation (Total Probation Cost: $780)
• Driver’s Alcohol Education Program (Cost: $567.22. 1 Hr. class once a week/16 weeks)
• States fines/fees: $600
• License Suspension 45- 90 days (on and after the suspension for breath test refusal (if any), unless under 21
• Immediate hardship license consideration (in most cases)
• A skilled OUI/DUI/DWI defense attorney will also know how to negotiate a deal with the prosecutor to have some or all of your civil infractions dismissed. This will avoid significant fines and increases to your insurance rate. A skilled attorney will also know how to get you the shortest license loss period allowed by law (45 days).

OUI- 2nd Offense: Guilty Verdict

• Guilty Finding (Criminal Conviction) Jail, 60 days (30 days mandatory) up to 2 ½ years Fines from $600- $10,000
• License suspension 2 years (on and after the suspension for breath test refusal, (if any). No consideration for hardship until at least 1-year into the 2-year license suspension period.
• Interlock Ignition Device required to be installed in your car, at your own expense, for 2 years at the time you apply for a hardship license or license reinstatement.

OUI-2nd Offense: Alternative disposition/ plea negotiation:

• Guilty Finding (Criminal Conviction)
• 2 years Probation (Total Probation Cost: $1560)
• 14-day inpatient program (confined), at your own expense (insurance may cover)
• License suspension 2 years (on and after the suspension for breath test refusal (if any). No consideration for hardship until at least 1-year into the 2-year license suspension period.
• Interlock Ignition Device required to be installed in your car, at your own expense, for 2 years at the time you apply for a hardship license or license reinstatement.

Due to the significant mandatory penalties from both the court and the RMV, if you have any chance at fighting your OUI-2nd offense charge, it makes sense to do so. It is important to know that if we take your case to trial, the jury WILL NEVER hear that you are charged with a 2nd or subsequent offense- they will only decide whether you were operating under the influence THIS time.

OUI-2nd Offense: “Second Chance 24D” Alternative Disposition

If your prior conviction or continuance without a finding for OUI is more than 10 years old, I am almost always successful at negotiating the best deal possible for you under the law: the “second chance 24D” disposition. Under this alternative, even though you have a prior OUI offense, you may be afforded a second chance at the 1st Offense Alternative disposition/ plea negotiation. In other words, with this deal, you will receive the same disposition as a first time offender. However, if you are ever arrested and charged with an OUI in the future, you WILL be charged with a 3rd offense.

Additionally, even though the court may provide for a “second chance” by giving you a first offense disposition, the RMV will always treat your case as a second offense, no matter how old your previous offense may be. This means that you will be subject to the second offender’s breath test refusal suspension and required to install the interlock ignition device before getting a hardship or license reinstatement. For this reason, if your case is at all triable, it is almost always worth taking an OUI- 2nd offense to trial.

OUI- 3rd Offense: Guilty Verdict

• Jail, 180 days (150 days minimum to serve) up to 5 years in State Prison (felony)
• Fines $1,000- $15,000
• License suspension 8 years (on and after the suspension for breath test refusal (if any). No consideration for hardship until at least 2-years into the 8-year license suspension period.
• Interlock Ignition Device required to be installed in your car, at your own expense, before you may be granted a hardship license and for an additional 2 years after your full license is reinstated.

With a 3rd offense OUI, because you are facing mandatory jail time, it is almost always worth fighting the case. The only situation where a plea might make sense is if your prior convictions are from out of state, or very old, and the government is not able to provide sufficient documentation of those prior convictions (which does happen). Remember, the jury will NEVER hear that you have prior OUI convictions- they are only hearing the evidence against you in THIS case.

OUI- 4th Offense: Guilty Verdict

• Jail, 2 years (1 year minimum to serve) up to 5 years in State Prison (felony)
• Fines $1,500- $25,000
• License suspension 10 years (on and after the suspension for breath test refusal (if any). No consideration for hardship until at least 5-years into the 10-year license suspension period.
• Forfeiture of your vehicle to the government, without compensation
• Interlock Ignition Device required to be installed in your car, at your own expense, before you may be granted a hardship license and for an additional 2 years after your full license is reinstated.

With a 4th Offense OUI, because you are facing mandatory jail time, it is almost always worth fighting the case. A plea almost never makes sense, because jail time is only off the table if the government is unable to prove AT LEAST 2 of your 3 prior convictions.

OUI-5th Offense: Guilty Verdict

• Jail, 2 ½ years (2 years minimum to serve) up to 5 years in State Prison (felony)
• Fines $2,000- $50,000
• License revoked for life; no hardship license available
• Forfeiture of your vehicle to the government, without compensation

With a 5th Offense OUI, because you are facing significant mandatory jail time, it is almost always worth fighting the case.

Contact my office if you’ve been charged with a Massachusetts OUI or any other criminal offense. I am available 24 hours a day, 7 days a week, for your free initial phone consultation.

Urbelis Law, LLC

50 Milk St 16th Floor
Boston, MA 02109
Phone: (617) 830-2188