Massachusetts Traffic Laws: Points, Tickets, License Suspension and DUI

Massachusetts tracks 'surchargeable incidents' (used for the Safe Driver Insurance Plan) rather than a classic DMV point system. When the Merit Rating Board notifies the Registrar that a driver has had 3 surchargeable incidents within the past 24 months, the driver must complete a driver education program; if proof of completion is not provided within 90 days of the notice, the license is suspended. Separately, a driver is an 'habitual traffic offender' with three or more major convictions (such as OUI, reckless driving, or driving after suspension) or twelve or more reportable suspendable offenses within five years, which brings a four-year revocation.

There is no traffic school that dismisses a ticket. A driver with 3 surchargeable incidents in 24 months must complete a Registrar-approved driver education program within 90 days of notice to avoid suspension.

Verified suspension grounds include: 3 surchargeable incidents in 24 months without completing the required driver education program; habitual traffic offender status (four-year revocation); OUI conviction or program disposition; refusing a chemical test; and, for drivers under 21, a BAC of 0.02 or more or a test refusal (180 days, or one year if under 18, in addition to other penalties).

0.08 or more for adult drivers. Drivers under 21 with a BAC of 0.02 or more have their license suspended by the Registrar.

First OUI conviction: fine of $500 to $5,000, up to 2.5 years in jail, or both; the license is revoked and not restored until one year after conviction (a hardship hearing may be requested after three months). Many first offenders instead receive a court disposition with an alcohol education program under § 24D, which carries a license suspension of 45 to 90 days (210 days if under 21). After arrest, a BAC of 0.08 or more (0.02 if under 21) leads to an immediate suspension that lasts until the case is resolved but not more than 30 days.

Refusing a breath or blood test after an OUI arrest leads to a 180-day license suspension for a first refusal by a driver 21 or older with no prior OUI. A driver under 21, or with one prior OUI conviction or program assignment, is suspended 3 years; two priors, 5 years; and longer for three or more priors, up to lifetime revocation in some cases. Drivers under 21 also face an additional 180-day (one year if under 18) Registrar suspension.

The OUI statute counts prior convictions or program assignments 'preceding the date of the commission' of the new offense, with no time limit stated in the penalty provisions read.

After a first OUI conviction, the person may request a Registrar hearing after three months for a hardship license limited to employment or education purposes, valid for the same 12-hour period each day. A person placed in a § 24D alcohol program may apply right away for a limited hardship license valid for an identical 12-hour period, 7 days a week. A hardship license may be revoked for failing to comply with the program or probation.

Massachusetts is hands-free: a driver may not hold a mobile electronic device, may use one only in hands-free mode, and may not read or view text, images or video on it (viewing a map on a mounted device is allowed). The rule does not apply when the vehicle is stationary outside the travel lanes. Emergencies are an affirmative defense. Fines: $100 for a first offense, $250 for a second and $500 for a third or later; a second or later offense also requires a distracted-driving program. First and second offenses are not surchargeable incidents; a third or later offense is.

In Massachusetts a felony is any crime that can be punished by state prison. A third OUI offense (two prior OUI convictions or alcohol-program assignments) can be punished by 2.5 to 5 years in state prison, or 180 days to 2.5 years in a house of correction with at least 150 days served, so it is a felony. Fourth and later offenses carry higher state prison terms (up to 10 years for a ninth or later offense). OUI that causes serious bodily injury while driving recklessly or negligently can also be punished by 2.5 to 10 years in state prison.

Massachusetts' general record-sealing law does not exclude OUI. A person may ask the Commissioner of Probation to seal a misdemeanor record 3 years after the court disposition (including any time in custody), or a felony record after 7 years, if they have had no new conviction in that period (other than minor motor vehicle offenses with a fine of $50 or less). How long an OUI stays on the Registry of Motor Vehicles driving record was not found on an official page.

Yes, they are used. The Massachusetts State Police have announced sobriety checkpoints in advance, funded by the state Highway Safety Division, stating that vehicles are not selected arbitrarily and that advance notice is given to reduce motorists' fear and anxiety.