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OUI/DWI/DUI Driving Under the Influence


-First Offense OUI

Jail, up to 2.5 years; $500 to $5000 fines, probation fees and license suspension for 1 year (hardship considered after 3 months)

-Alternative 24D disposition-

Probation for up to two years, mandatory attendance of alcohol education program, forty five day loss of license, fees (including fines and probation)

-Second Offense OUI

Sixty days jail (30 manditory) up to 2.5 years, fines ranging from $600 to $10,000, fines and fees and a two year loss of license (hardship considered after 1 year).

-Third Offense (felony)

180 days to 5 years in prison, (150 of which are manditory), $1000 to $15000 fines,fees including probation and an 8 year loss of license, (hardship considered after 4 years).

-Fourth Offense (felony)

2 to 5 years in jail (one year mandatory), $1500 to $25000 fines, plus fees, as well as 10 year loss of license (hardship considered after 5 years).

-Fifth Offense (felony)

Jail, 2.5 to 5 years (2 years mandatory), fines of $2000 to $50,000, fees and lifetime loss of license (no hardship).

Initial Reasons for Stop- must be legitimate

-Weaving, Speeding, failure to yield, failure to slow down, illegal lane change, ANYTHING YOU CAN LEGALLY BE PULLED OVER FOR, gives the officer an opportunity to interact with you.

Officer Observations- Once Intoxication is Perceived, Field Tests are Imminent

-Bloodshot watery eyes

-Oder of alcoholic beverage

-Slurred speach

Field Sobriety Tests-Standard tests often given roadside prior to moving forward with a breath test.


1) alphabet, 2) walk and turn, 3) one-legged stand, 4) horizontal gaze nystagmus, 5) finger to nose.

Breath Test- If you are unable to take the breath test you may be given a blood test

-Refusing the breathalyzer test = 180 day license suspension.

-Refusing the blood test=180 day license suspension

-Failing the breathalyzer test, (.08 or higher) = 30 day license suspension.

-Failing the blood test= 30 day license suspension

-Under the age of 21, (blowing a .02 or higher equals fail) = 30 day license suspension.

-Massachusetts is hard on OUI offenders-

MELANIE’S LAW harshens penalties and creates distinct offenses for Massachusetts OUI’s

– Employing A Person With A Known Suspended License To Drive For You:

Massachusetts General Laws Chapter 90 Section 12

– Permitting Someone To Operate Your Car, Knowing That Person Lost Their License For OUI:

Five hundred dollar fine and up to 1 year in jail. If you do it again, you face a one thousand dollar fine and up to 2.5 years in jail.

-Allowing A Person With An Ignition Interlock Restriction To Operate Your Car:

Up to 1 year in jail and a five hundred dollar fine. Second offence, you face up to 2.5 years in the jail and a one thousand dollar fine.

-Drunk Driving with Children:

Massachusetts General Laws Chapter 90 Section 24V

Operating a motor vehicle while under the influence of drugs or alcohol, with a child fourteen or younger in the car is a completely separate crime from the underlying OUI.

Conviction for a first offense =  minimum 90 days and up to 2.5 years in jail, plus fines.  A second or subsequent conviction becomes a felony, with a mandatory minimum 6 month sentence, up to 5 years in prison, plus a loss of license for up to 3 years.

-Caught Driving after an OUI Conviction:

Massachusetts General Laws Chapter 90 Section 23

Driving on a suspended license from a previous OUI conviction is a separate crime from the underlying charge of picking up a new OUI.  This crime carries a mandatory minimum of 1 year and up to 2.5 years in jail, plus fines, from two thousand five hundred to five thousand dollars and a 1 year loss of license.


 If you’ve been drinking or otherwise doing something the police would disapprove of,

do not drive.  Your likelihood of police contact is elevated as soon as you get behind the wheel.                                                                                                                                                               

If you have been accused of drunk driving, call Attorney Martin today