Massachusetts OUI Penalties
If you have recently been arrested for operating under the influence (OUI) in Massachusetts, your mind is probably racing as you try to figure out what will happen next. An OUI conviction brings more than just a slap on the wrist – it is a serious crime that can land you in jail.
It is important to know that Massachusetts is a “per se” state. This means that you can be convicted if your blood alcohol content (BAC) is .08 percent. For drivers under the age of 21, this limit is .02 percent due to “zero tolerance” laws.
If your BAC level was above the legal limit, not all is lost. DUI defense attorneys are skilled at disputing the test results. The results may be inaccurate due to improper testing or breath machines that are not calibrated or maintained correctly.
The first penalty you will face after being pulled over for drunk driving is the administrative license suspension. This suspension is separate from the suspension you will face if found guilty of OUI in court. If you take a blood, breath or urine test and fail, or you refuse to take a test altogether, your license will be automatically suspended. For a first offense, the mandatory suspension is 90 days. For the second offense, the suspension will last for one year, and for the third offense it goes up to three years.
If this is your first OUI offense, you could face a maximum of two and a half years in prison as well as fines ranging from $500-$5,000. Your license will also be suspended for one year, with work and/or education hardship considered in three months.
For a second offense, you are facing a mandatory 30 day jail sentence, as well as fines ranging from $600-$10,000. The driver’s license suspension will last for 2 years, with work and/or education hardship being considered after 6 months.
A driver with three offenses faces incarceration lasting from 180 days to 5 years. The fines go up even more, ranging from $1,000-$15,000. The driver’s license will be suspended for 8 years, with work and/or education hardship being considered after 2 years.
It is important to find an attorney who will make sure that your rights are protected during this extremely stressful time. If you are interested in speaking with an attorney, please submit your case online today.
