MASSACHUSETTS OUI LAWS

Getting Started

If you have been arrested for an OUI in Massachusetts, you will facing both administrative penalties from the Registry of Motor Vehicles (RMV) and criminal proceedings through the court system. This guide provides general information about the OUI process in Massachusetts.

Definitions to Know

Massachusetts Registry of Motor Vehicles

The Massachusetts Registry of Motor Vehicles (RMV) handles administrative license suspensions independently from any criminal proceedings. They are responsible for processing license suspensions, reinstating driving privileges, monitoring compliance with ignition interlock device requirements, and managing hardship license applications. The RMV works alongside the courts but operates under separate authority to enforce driving privilege penalties.

Steps to Take After OUI Arrest in Massachusetts

1. Hire an Attorney

   Legal counsel can help navigate both the administrative hearings with the RMV and the criminal court process.

2. Address License Suspension

   Your license will be automatically suspended if you either fail a breathalyzer test (0.08% BAC or higher) or refuse to take one.

3. Request an Administrative Hearing

   You have 15 days to appeal an administrative license suspension with the RMV.

4. Apply for a Hardship License

   If eligible, you may apply for a hardship license that allows limited driving privileges for work, education, or medical purposes.

5. Install an IID

   For certain offenses, particularly if you are convicted with multiple OUIs and seeking license reinstatement or hardship licenses, you will be required to install an ignition interlock device (IID).

   Explore IIDs

6. Complete Substance Abuse Evaluation

   You will need to complete an alcohol assessment and any recommended treatment programs.

7. Pay Fines and Fees

   OUI convictions come with substantial fines, court costs, and RMV reinstatement fees.

8. Complete Alcohol Education Program

   First-time offenders typically must complete the state’s 24D alcohol education program.

9. Attend Court Proceedings

   Your criminal case will proceed through the court system separately from the RMV administrative actions.

10. Probation

    If convicted, you may be placed on probation with specific terms such as alcohol monitoring and regular check-ins.

11. Avoid Further Violations

    Additional OUI offenses while on probation or with a suspended license will result in much harsher penalties.

OUI Laws in Massachusetts

What Are the Legal Driving Alcohol Limits in Massachusetts?

In Massachusetts, it’s illegal to operate a motor vehicle if you’re under the influence of alcohol, drugs, or a combination of substances. The state defines specific blood alcohol concentration (BAC) limits that constitute per se evidence of impairment. Law enforcement typically uses breathalyzers to measure your Breath Alcohol Concentration (BrAC) during traffic stops.

Felony vs Misdemeanor OUI Charges

Whether Massachusetts, charges you with a misdemeanor or felony OUI depends primarily on your number of prior offenses and whether the incident resulted in serious injury or death.

A first or second OUI offense is typically charged as a misdemeanor in Massachusetts, carrying penalties that include license suspension, fines, and possible jail time. However, an OUI becomes a felony under the following circumstances:

• Third or subsequent OUI offense
• OUI resulting in serious bodily injury (called OUI causing serious injury)
• OUI resulting in death (vehicular homicide while under the influence)

Felony OUI convictions carry much harsher penalties, including longer mandatory minimum prison sentences, extended license suspensions or revocations, and substantially higher fines.

What Are Drunk Driving Diversion Programs in Massachusetts?

Massachusetts offers the “24D” first-offender diversion program for eligible first-time OUI offenders. This program provides an alternative to standard criminal penalties and includes:

• Probation for one year
• Completion of a 16-week alcohol education program
• License suspension for 45-90 days (instead of the standard one-year suspension)
• Reduced fines

To qualify for the 24D program, you must be a first-time offender with no prior OUI convictions. The program is sometimes available to second-time offenders if their first offense occurred more than 10 years ago (often called the “Cahill” disposition).

Refusing a Chemical Test Under Massachusetts OUI Law

Massachusetts, like all states, has an “implied consent” law. When you drive on Massachusetts roads, you implicitly agree to submit to chemical testing if a law enforcement officer has reasonable grounds to believe you’re operating under the influence.

If you refuse a breathalyzer test in Massachusetts, the refusal cannot be used as evidence against you in criminal court. However, the automatic administrative license suspension for refusal is typically longer than the suspension for failing the test.

OUI Penalties & Consequences

Penalties for OUI Offenses in Massachusetts

Massachusetts imposes increasingly severe penalties for each subsequent OUI conviction. These penalties include jail time, fines, license suspension, and mandatory education or treatment programs.

Aggravating Factors That Increase Massachusetts OUI Penalties

In Massachusetts, certain circumstances can significantly enhance the penalties for an OUI offense, potentially leading to more severe charges, longer jail terms, extended license suspensions, and higher fines:

• High BAC Level: BAC of 0.15% or higher results in enhanced penalties.
• Child Endangerment: Having a passenger under 14 years old adds a separate charge with additional penalties.
• Causing an Accident: Particularly if it results in property damage, injury, or death.
• Speeding or Reckless Driving: Combined with OUI, can lead to additional charges.
• Driving with a Suspended License: Adds separate charges with mandatory jail time.
• Multiple Substances: Being under the influence of both alcohol and drugs simultaneously.
• Refusing Medical Aid for Victims: If an accident occurs and the driver fails to help injured parties.
• Leaving the Scene of an Accident: Fleeing after an OUI-related crash adds significant penalties.

Driving Without a Valid License

Operating a vehicle while your license is suspended for an OUI in Massachusetts carries severe penalties, potentially worse than the original OUI offense. Consequences include:

• Mandatory minimum jail sentence of 60 days for a first offense of driving with a license suspended for OUI
• Fines ranging from $1,000 to $10,000
• Additional license suspension period of up to 1 year
• Potential vehicle impoundment or forfeiture
• Ineligibility for a hardship license during the new suspension period

Moreover, driving with a suspended license is considered evidence of disregard for the law, which may negatively impact your original OUI case and future driving privilege applications.

License Suspension

Who Determines if You Can Continue Driving After an OUI 

In Massachusetts, two separate entities determine your driving privileges after an OUI arrest:

1. Massachusetts Registry of Motor Vehicles (RMV): Handles the administrative license suspension process, which is automatic and immediate upon either failing a chemical test or refusing one. The RMV suspension occurs regardless of the outcome of your criminal case.
2. The Court: Imposes additional license suspensions as part of criminal penalties if you’re convicted of OUI. Court-ordered suspensions typically begin after the administrative suspension ends.

These dual processes mean you could face two separate license suspensions for the same incident. The administrative process is focused on immediate public safety, while the criminal process determines long-term consequences based on legal guilt.

How Long Will Your License Be Suspended?

When your license is suspended in Massachusetts for an OUI, you cannot legally drive unless you obtain a hardship license. The duration of your suspension depends on both the offense number and whether you failed or refused the breathalyzer test.

Steps to Reinstate Your License

To reinstate your driver’s license after an OUI suspension in Massachusetts, you must complete several requirements:

1. Serve the full suspension period
2. Pay reinstatement fees ($500 for first offense, $700 for subsequent offenses)
3. Complete the required alcohol education or treatment program
4. Install an ignition interlock device (IID) if required (mandatory for second and subsequent offenses)
5. Provide proof of active auto insurance
6. Pass a re-examination test if required

The reinstatement process must be done in person at an RMV Service Center, and all outstanding obligations to the RMV or other Massachusetts agencies must be resolved before reinstatement.

How to Apply for a Restricted Driver’s License

1. Complete the hardship license application at the RMV
2. Provide documentation proving hardship necessity (employment verification, medical documentation, school enrollment)
3. Install an ignition interlock device (IID) if required (mandatory for second and subsequent offenses)
4. Provide proof of enrollment or completion of required alcohol education program
5. Pay the application fee ($100) and eventual reinstatement fee
6. Attend a hearing with the RMV Board of Appeal or Hearings Officer

If approved, hardship licenses typically restrict driving to 12 hours per day, corresponding to your demonstrated needs.

Massachusetts Ignition Interlock Device (IID) Requirements

In Massachusetts, ignition interlock devices are mandatory for certain OUI offenders seeking license reinstatement or hardship licenses.

The IID program requirements include:

• Mandatory for all second and subsequent OUI offenders
• Must be installed in all vehicles you own, lease, or operate regularly
• Must be used for 2 years for second offenders
• Must be used for at least 4 years for third offenders
• Must be used for at least 10 years for fourth offenders
• Monthly maintenance and calibration required
• All tests are recorded and violations reported to the RMV
• You must pay all installation and monthly leasing costs (approximately $75-100 for installation and $60-90 monthly)
• Tampering with or attempting to circumvent the device results in extended requirements or new suspensions

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

Insurance Requirements

While Massachusetts doesn’t require proof of financial responsibility specifically for OUI offenders, you must maintain active auto insurance to reinstate your license after an OUI suspension. The state has its own insurance verification system through the RMV.

Massachusetts does require proof of insurance when reinstating a license, and insurance rates typically increase significantly after an OUI conviction. Most insurance companies in Massachusetts will file the necessary documentation with the RMV to verify your coverage.

Let us help you find the right insurance coverage. 

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

Massachusetts requires OUI offenders to undergo alcohol evaluation and education or treatment programs as part of the penalty and reinstatement process:

• First offenders typically must complete the 16-week “24D” alcohol education program
• Second offenders must complete a 14-day residential treatment program
• Multiple offenders may be required to complete more intensive treatment programs
• All programs must be approved by the Massachusetts Department of Public Health
• Completion certificates must be submitted to the RMV for license reinstatement
• Costs range from approximately $600 for first offender programs to several thousand dollars for residential treatment

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About OUIs in Massachusetts

Sources

1. Massachusetts Office of Public Safety. (n.d.). Drunk driving and drugged driving. Mass.gov. https://www.mass.gov/info-details/drunk-driving-and-drugged-driving
2. Massachusetts Registry of Motor Vehicles. (n.d.). Massachusetts Registry of Motor Vehicles. Mass.gov. https://www.mass.gov/orgs/massachusetts-registry-of-motor-vehicles
3. FindLaw. (n.d.). Massachusetts OUI laws. https://www.findlaw.com/state/massachusetts-law/massachusetts-oui-laws.html
4. National College for DUI Defense. (n.d.). Massachusetts OUI laws. https://www.ncdd.com/massachusetts-oui-laws
5. Massachusetts Office of Public Safety. (n.d.). Ignition interlock device program. Mass.gov. https://www.mass.gov/guides/ignition-interlock-device-program
6. Massachusetts Department of Public Health. (n.d.). Massachusetts impaired driving program (MID) provider directory. Mass.gov. https://www.mass.gov/info-details/massachusetts-department-of-public-health-bureau-of-substance-addiction-services-licensed-and-court-approved-massachusetts-impaired-driving-program-mid-provider-directory
7. Massachusetts Office of Public Safety. (n.d.). Massachusetts law about drunk or drugged driving. Mass.gov. https://www.mass.gov/info-details/massachusetts-law-about-drunk-or-drugged-driving