DUI Laws in Massachusetts

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.

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.

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.

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.

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.