Arrested For DrinkingIn Massachusetts, the law refers to certain drunk driving offenses as Operating Under the Influence (OUI).  Other states use the term DUI and DWI, which mean Driving Under the Influence and Driving While Intoxicated, respectively. In Massachusetts, OUI, DUI, and DWI all refer to the same offense. If convicted, they also carry the same penalties.

Massachusetts Penalties for DWI / DUI

Massachusetts’ look-back law requires that a drunk driving conviction or guilty plea will stay on your driving record permanently. This means that regardless of the amount of time between a first and second conviction, second offense DUI penalties will still apply.

The Penalties

The penalties for the first and second offense DUI/DWI are spelled out below. If you are cited three times or more, the offense becomes a felony and there is no alternative disposition (24D).

First Offense DUI/DWI

  • Incarceration for up to two-and-a-half years
  • $500-$5,000 fine
  • $65 per month per month probation supervision fee
  • License suspended for one year (work/education hardship license considered after three months)

Alternative Disposition (24D)

  • Up to two years of probation with a $65 per month probation supervision fee to be paid by defendant
  • Alcohol education program paid for by defendant
  • Loss of license for 45 days
  • Two hundred fifty dollar head injury fee;
  • $50 DUI fee;
  • $250 24D fee

Second Offense DUI/DWI

  • Incarceration for 60 days—30 days mandatory—and up to two-and-a-half years
  • $600-$10,000 fine
  • Loss of license for two years (work/education hardship considered after six months, general hardship considered after one year)

Alternative disposition (24D)

  • Probation for two years
  • 14 day inpatient alcohol/drug treatment program
  • Loss of license for two years (work/education hardship considered after six months, general hardship considered after one year)

Third Offense DUI/DWI (Felony)

  • Incarceration for 180 days—150 days mandatory—and up to five years in state prison
  • $1,000-$15,000 fine
  • Loss of license for eight years (work/education hardship considered after two years, general hardship considered after four years)

Fourth Offense DUI/DWI (Felony)

  • Incarceration for two years—one year mandatory—and up to five years
  • $1,500-$25,000 fine
  • Loss of license for 10 years (work/education hardship considered after five years, general hardship considered after eight years)

Fifth Offense DUI/DWI (Felony)

  • Incarceration for two-and-a-half years — two years mandatory — and up to five years
  • $2,000-$50,000 fine
  • Loss of license for life, hardship not available

Boston’s DUI Attorneys

An arrest for DUI/DWI can have serious consequences. A good defense is critical to your future. Our criminal defense attorneys are always prepared to respond immediately to individuals who need counsel and representation after being charged with DUI or DWI. If you have questions about your rights and how our experienced legal team can protect your freedom and future, we can help. Contact us today for a free consultation.