Massachusetts DUI Penalties

A Drunk Driving charge in the state of Massachusetts can bring with it a multitude of serious penalties, therefore making it absolutely necessary to understand all of the intricacies of the complex DUI law of Massachusetts.

The law is structured around two particular legal theories, the first one being that an individual can be prosecuted for a DWI if they are either operating a vehicle under the influence of alcohol and/or drugs, or driving with a blood alcohol content (BAC) of .08 percent or more.

This latter concept is known in Massachusetts and most other states as the “per se” law. However, Massachusetts has one unique quality in its “per se” law, which is if an individual whom is being charged for a DUI is under 21 and has a BAC of or over .02 percent, then they will be sentenced to penalties much more severe than a first time offender would usually receive.

First Offense

The penalties for a first time offense can be stringent, and may consist of an incarceration of no more then 2.5 years in a House of Correction, a fine of $500 up $5,000, and a license suspension for 1 year.

Second Offense

Drivers who receive a second DUI charge may receive penalties such as a jail sentence of no less than 60 days and no more than 2.5 years, a fine of $600 up to $10,000, and finally, the offender’s license may be suspended for 2 years.

Third Offense

Being that a third DUI offense is considered a felony, the penalties may be an incarceration of no less than 180 days and no more than 5 years, and a fine of $1,000 up to $15,000. The offender’s license may also be suspended for 8 years.

The penalties for a DUI in Massachusetts are very serious, and the charge may remain permanently on an offender's driving record. That being said, it is recommended if you are arrested and charged for a DUI in the state of Massachusetts, that you contact a DUI defense lawyer immediately.