DUI Law: Massachusetts DUI Penalties

In Massachusetts, you can be convicted of Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is .08 or greater. If you are under twenty one (21) you can be convicted of DUI if your BAC is .02 or greater. You may also be convicted of DUI if the State Attorney can show that your normal faculties were impaired by alcohol at the time you were driving (i.e. slurred speech, can’t walk in a straight line, etc.).

First Offense DUI in Massachusetts
Your first DUI offense in Massachusetts can result in a sentence of up to two and one half (2 ½) years in a correctional facility. You will receive a minimum fine of between $500.00 and $5,000.00 not including surcharges, fees and assessments. You will also have your driver’s license suspended for one (1) year which may be reinstated after three (3) months for work or education related driving and six (6) months for general hardship driving.

Depending on the Judge and your lawyer, you may receive an alternative punishment of probation with mandatory participation in an alcohol treatment program and have your license suspended for between forty five (45) and ninety (90) days.

Second Offense DUI in Massachusetts
Your second DUI offense in Massachusetts can result in a sentence of between sixty (60) days and two and one half (2 ½) years in prison. You will be required to spend at least thirty (30) days in prison. You will receive a minimum fine of between $600.00 and $10,000.00 not including surcharges, fees and assessments. You will also have your driver’s license suspended for two (1) years which may be reinstated after six (6) months for work or education related driving and one (1) year for general hardship driving.

Depending on the Judge and your lawyer, you may receive an alternative punishment of two (2) years probation with fourteen (14) days confined treatment in an alcohol treatment program and have your license suspended for up to two (2) years.

Third Offense DUI in Massachusetts
Your third DUI offense in Massachusetts may be deemed a felony and can result in a sentence of between one hundred eighty (180) days in jail and five (5) years in a state prison. You will be required to spend at least one hundred fifty (150) days in jail. You will receive a minimum fine of between $1,000.00 and $15,000.00 not including surcharges, fees and assessments. You will also have your driver’s license suspended for eight (8) years which may be reinstated after two (2) years for work or education related driving and four (4) years for general hardship driving.

Fourth Offense DUI in Massachusetts
Your fourth DUI offense in Massachusetts may be deemed a felony and can result in a sentence of between two (2) years in jail and five (5) years in a state prison. You will be required to spend at least one (1) year in jail. You will receive a minimum fine of between $1,500.00 and $25,000.00 not including surcharges, fees and assessments. You will also have your driver’s license suspended for ten (10) years which may be reinstated after five (5) years for work or education related driving and eight (8) years for general hardship driving.

Fifth Offense DUI in Massachusetts
Your fifth DUI offense in Massachusetts may be deemed a felony and can result in a sentence of between two and one half (2 ½) years in jail and five (5) years in a state prison. You will be required to spend at least two (2) years in jail. You will receive a minimum fine of between $2,000.00 and $50,000.00 not including surcharges, fees and assessments. You will also have your driver’s license revoked for life with no possible reinstatement for hardship.