DWI/DUI - Drunk Driving Laws And Attorneys In Massachusetts
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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According to the Massachusetts Implied Consent Law, every licensed
driver in this state agrees to consent to a breathalyzer or blood test
under certain circumstances. If you are stopped by a police officer who
believes you are operating a motor vehicle under the influence
of alcohol, the officer has the right to ask you to perform a field sobriety
test and submit to a breathalyzer or blood test to calculate your BAC, if
you have been arrested.
If you take a breath test and you register a BAC of 0.08 or higher, you are
operating above the legal limit. For drivers under 21, Massachusetts
has a “zero-tolerance” law. Any driver under the age of 21 faces
administrative sanctions for having a BAC of .02 or higher.
If you register an illegal BAC OR if you refuse a breathalyzer or blood
test, the police officer is required to take away your license on the spot
and give you a notice of suspension, which is effective immediately.
License Suspension Periods for Refusing a Chemical Test
Drivers over age 21
a) No Prior OUI Offenses - 180 day suspension
b) One Prior OUI Offense - Three year suspension
c) Two Prior OUI Offenses - Five year suspension
d) Three or More Prior OUI Offenses - Lifetime suspension
Drivers age 18 to 21
a) No Prior OUI Offenses - Three years and 180 day suspension
b) One Prior OUI Offense - Three years and 180 day suspension
c) Two Prior OUI Offenses - Five years and 180 day suspension
d) Three or More Prior OUI Offenses - Lifetime suspension
The additional 180-day suspension for drivers under age 21 is designed
to get youths charged with OUI who refuse a chemical test to undergo
alcohol education. It does not matter what happens with your court case.
Even if you win the case, it will not change the requirement for you to
take an alcohol education course. If this is your first OUI case, the 180-
day suspension can be waived upon entry into a Department of
Public Health (DPH) approved alcohol education program.
Drivers under age 18
a) No Prior OUI Offenses - Three years and One year suspension
b) One Prior OUI Offense - Three years and One year suspension
c) Two Prior OUI Offenses - Five years and One year suspension
d) Three or More Prior OUI Offenses - Lifetime suspension
The additional one-year suspension for drivers under age 18 is
designed to get youths charged with OUI who refuse a chemical test to
undergo alcohol education. It does not matter what happens with your
court case. Even if you win the case, it will not change the requirement
for you to take an alcohol education course. If this is your first OUI case,
the one-year suspension can be reduced to 180 days upon entry into a
Department of Public Health (DPH) approved alcohol education
program.
CDL / CDM Facts
You will lose your license for at least 1 year if you drive a CMV under the
influence of alcohol. If the offense occurs while placarded for hazardous
materials, you will loose your CDL for 3 years and for life on a second
offense.
Criminal Court Penalties If Convicted
First Offense
Fine - $500 to $5000
Prison Term - up to 2 1/2 years
License Suspension - 1 year
Second Offense
Fine - $600 to $10,000
Prison Term - 30 days to 2 1/2 years
License Suspension - 2 years
Third Offense
Fine - $1,000 to $15,000
Prison Term - 150 days to years
License Suspension - 8 years
Fourth Offense
Fine - $1500 to $25,000
Prison Term - 1 year to 5 years
License Suspension - 10 years
Fifth Offense
Fine - $2000 to $50,000
Prison Term - 2 years to 5 years
License Suspension - Lifetime
If you were caught driving under the influence of alcohol with a child 14
years or younger, you will also be charged with child endangerment.
Reinstatement Of Drivers License
The reinstatement fees for operating under the influence of alcohol or
drugs is $500 for the first, $700 for the second, and $1200 for the third or
fourth.
Driving Under Suspension
Driving while your license is suspended or revoked in Massachusetts is
considered a criminal motor vehicle violation. You may face a large fine
and jail sentence, as well as additional suspension sanctions if caught.
Allowing A Unlicensed Driver To Operate Your Vehicle
The consequences for allowing a unlicensed driver to operate your
vehicle can result in a one year prison sentence, a fine up to $500, and a
loss of license and / or registration for one year.
If you allow a person, who requires a ignition interlock to drive your
vehicle, it can result in a one year jail sentence, up to a $500 fine, and a
loss of license and / or registration for one year.
If you employ a driver with a suspended license, it could result in a $500
fine and a loss of your license and / or registration for one year.
Ignition Interlock Devices
Starting January 1, 2006, if you have had a second or subsequent
operating under the influence offense and are eligible for a hardship
license or for license reinstatement, you will be required to have an
Ignition Interlock Device attached to your motor vehicle, at your
own expense. If you obtain a hardship license, you must use the device
for the entire life of the hardship license and for two additional years
after your license has been reinstated. Failure to comply with the
Ignition Interlock Law will result in a license revocation and a
suspension from ten years to life.
Find DWI/DUI Lawyers And Attorneys In Massachusetts
driver in this state agrees to consent to a breathalyzer or blood test
under certain circumstances. If you are stopped by a police officer who
believes you are operating a motor vehicle under the influence
of alcohol, the officer has the right to ask you to perform a field sobriety
test and submit to a breathalyzer or blood test to calculate your BAC, if
you have been arrested.
If you take a breath test and you register a BAC of 0.08 or higher, you are
operating above the legal limit. For drivers under 21, Massachusetts
has a “zero-tolerance” law. Any driver under the age of 21 faces
administrative sanctions for having a BAC of .02 or higher.
If you register an illegal BAC OR if you refuse a breathalyzer or blood
test, the police officer is required to take away your license on the spot
and give you a notice of suspension, which is effective immediately.
License Suspension Periods for Refusing a Chemical Test
Drivers over age 21
a) No Prior OUI Offenses - 180 day suspension
b) One Prior OUI Offense - Three year suspension
c) Two Prior OUI Offenses - Five year suspension
d) Three or More Prior OUI Offenses - Lifetime suspension
Drivers age 18 to 21
a) No Prior OUI Offenses - Three years and 180 day suspension
b) One Prior OUI Offense - Three years and 180 day suspension
c) Two Prior OUI Offenses - Five years and 180 day suspension
d) Three or More Prior OUI Offenses - Lifetime suspension
The additional 180-day suspension for drivers under age 21 is designed
to get youths charged with OUI who refuse a chemical test to undergo
alcohol education. It does not matter what happens with your court case.
Even if you win the case, it will not change the requirement for you to
take an alcohol education course. If this is your first OUI case, the 180-
day suspension can be waived upon entry into a Department of
Public Health (DPH) approved alcohol education program.
Drivers under age 18
a) No Prior OUI Offenses - Three years and One year suspension
b) One Prior OUI Offense - Three years and One year suspension
c) Two Prior OUI Offenses - Five years and One year suspension
d) Three or More Prior OUI Offenses - Lifetime suspension
The additional one-year suspension for drivers under age 18 is
designed to get youths charged with OUI who refuse a chemical test to
undergo alcohol education. It does not matter what happens with your
court case. Even if you win the case, it will not change the requirement
for you to take an alcohol education course. If this is your first OUI case,
the one-year suspension can be reduced to 180 days upon entry into a
Department of Public Health (DPH) approved alcohol education
program.
CDL / CDM Facts
You will lose your license for at least 1 year if you drive a CMV under the
influence of alcohol. If the offense occurs while placarded for hazardous
materials, you will loose your CDL for 3 years and for life on a second
offense.
Criminal Court Penalties If Convicted
First Offense
Fine - $500 to $5000
Prison Term - up to 2 1/2 years
License Suspension - 1 year
Second Offense
Fine - $600 to $10,000
Prison Term - 30 days to 2 1/2 years
License Suspension - 2 years
Third Offense
Fine - $1,000 to $15,000
Prison Term - 150 days to years
License Suspension - 8 years
Fourth Offense
Fine - $1500 to $25,000
Prison Term - 1 year to 5 years
License Suspension - 10 years
Fifth Offense
Fine - $2000 to $50,000
Prison Term - 2 years to 5 years
License Suspension - Lifetime
If you were caught driving under the influence of alcohol with a child 14
years or younger, you will also be charged with child endangerment.
Reinstatement Of Drivers License
The reinstatement fees for operating under the influence of alcohol or
drugs is $500 for the first, $700 for the second, and $1200 for the third or
fourth.
Driving Under Suspension
Driving while your license is suspended or revoked in Massachusetts is
considered a criminal motor vehicle violation. You may face a large fine
and jail sentence, as well as additional suspension sanctions if caught.
Allowing A Unlicensed Driver To Operate Your Vehicle
The consequences for allowing a unlicensed driver to operate your
vehicle can result in a one year prison sentence, a fine up to $500, and a
loss of license and / or registration for one year.
If you allow a person, who requires a ignition interlock to drive your
vehicle, it can result in a one year jail sentence, up to a $500 fine, and a
loss of license and / or registration for one year.
If you employ a driver with a suspended license, it could result in a $500
fine and a loss of your license and / or registration for one year.
Ignition Interlock Devices
Starting January 1, 2006, if you have had a second or subsequent
operating under the influence offense and are eligible for a hardship
license or for license reinstatement, you will be required to have an
Ignition Interlock Device attached to your motor vehicle, at your
own expense. If you obtain a hardship license, you must use the device
for the entire life of the hardship license and for two additional years
after your license has been reinstated. Failure to comply with the
Ignition Interlock Law will result in a license revocation and a
suspension from ten years to life.
Find DWI/DUI Lawyers And Attorneys In Massachusetts
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