Massachusetts OUI FAQs

What is the legal blood-alcohol level in Massachusetts?

For drivers under 21 years of age, the minimal blood-alcohol level is .02%. For drivers over the age of 21, .08% is the limit.

Can I refuse a field sobriety test?

Yes, you may refuse to take a field sobriety test if pulled over by a police officer. Field sobriety tests are given to drivers who are under the suspicion of driving while intoxicated.

If you have been arrested for driving under the influence of alcohol or drugs, contact an experienced Massachusetts OUI Defense Attorney at the Law Office of Patrick T. Donovan today!

What is a Per Se law?

Per Se laws are the laws that make it illegal to operate a vehicle above a certain blood-alcohol level. It is illegal to operate a vehicle in Massachusetts with a blood-alcohol level over .08%.

What are the penalties of OUI in Massachusetts?

First time offenders receive a fine anywhere from $500 to $5,000; possible jail sentence up to 2.5 years; suspension of driver's license for one year. Second time offenders receive a fine anywhere from $600 to $10,000; possible jail sentence of 30 days to 2.5 years; two-year suspension of driver's license. Third time offenders receive fines from $1,000 to $15,000; jail sentence from 150 days to 5 years; eight year suspension of driver's license. Fourth time offenders receive $15,000 to $25,000 fines; 1 to 5 year jail sentence; ten year suspension of driver's license. Fifth-time offenders receive $25,000 to $50,000 fines; two to 5-year jail sentence; lifetime suspension of driver's license.

What are the potential legal consequences and restriction facing first-time OUI offenders?

First-time OUI offenders in the state of Massachusetts face a plethora of legal and other complications. Some of these include jail or prison sentences, lengthy probation periods, alcohol education courses and seminars, mandatory ignition interlock devices, random sobriety and drug testing, hefty fines and fees, revocation or suspension of license, and costly license re-instatement procedures.

What are ignition interlock devices?

For some OUI offenders, mandatory ignition interlock devices might be a part of one's sentencing following an OUI arrest. These devices are placed on the dashboard of a vehicle. Ignition interlock devices then record, analyze, and allow or disallow a driver to start the ignition in their vehicle based on the results of this breath test. This device attempts to prevent drunk drivers from hitting the pavement of the state of Massachusetts' streets in an impaired manner.

What is a Breathalyzer?

This hand-held electronic device allows persons to test theirs or others blood alcohol levels. Law enforcement officers frequently use these devices in filed sobriety assessments, but a growing trend of conscientious drivers also use these devices when drinking to prevent danger to themselves or others. A simple breath of air into a straw-like device allows the machine to analyze the alcohol content in one's lungs. From this, a digital reading is displayed on the Breathalyzer device.

What is "Melanie's Law"?

It is a law designed to enhance the penalties and administrative sanctions for Operating Under the Influence (OUI) offenders in Massachusetts that are caught driving after a license suspension has been ordered by a court. The law applies to the violators and anyone that facilitates a vehicle to the convicted individual.

What is "Manslaughter by Motor Vehicle"?

Any driver who commits manslaughter while operating a motor vehicle while under the influence of alcohol or drugs. The penalty is a 5-year minimum mandatory sentence - 20 years imprisonment in state prison, a fine of up to $25,000, and 5 years - lifetime license suspension.

How long can a driver's license be suspended for refusing a chemical test?

If the driver is over 21 years of age:

• No prior OUI offenses = 180 days
• One prior = 3 years
• Two prior = 5 years
• Three prior = lifetime
18-21 years of age:

• No prior OUI offenses = 3 years + 180 days
• One prior = 3 years + 180 days
• Two prior = 5 years + 180 days
• Three prior = lifetime
Under 18 years of age:

• No prior OUI offenses = 3 years + 1 year
• One prior = 3 years + 1 year
• Two prior = 5 years + 1 year
• Three prior = lifetime

Have you or someone you know been arrested for OUI in Massachusetts? If so, contact an experienced Massachusetts OUI Defense Attorney at the Law Office of Patrick T. Donovan today!