OUI penalties under Massachusetts law are graduated – the minimum penalties increase if there is a second or third offense. This next section will discuss minimum penalties for first offenses and second offenses.
The minimum penalty for conviction of a first offense charge of OUI is 1 year of probation, attendance with a 18 week alcohol education program, 45 to 90 day loss of license, $600 in fines, $65 per month probation fee, and program fees.
The minimum penalty for a conviction of second offense OUI is 2 years probation (possible suspended sentence), attendance in a 14 day inpatient alcohol education program with aftercare, two year loss of license, $600 in fines, $65 per month probation fees, and program fees.
The minimum penalty for a conviction of third offense or more OUI is mandatory jail time of at least five months.
There are a number of license loss provisions connected to charges of a Massachusetts OUI. This section describes those that apply to drivers over 21. Drivers under 21 face additional license loss penalties.
When a driver is arrested for OUI, he or she is given the option to take a breathalyzer test. If the driver takes the breathalyzer and fails, the driver loses his or her license for the lesser of 30 days or until the case is resolved, beginning 15 days after the arrest.
If the driver refuses to take the breathalyzer, the driver loses his or her license for a minimum of six months, beginning 15 days after the refusal.
If the driver pleads the case out or is found guilty, the driver will lose his or her license for a minimum of 45 to 90 days for a first offense, or two years for a second offense. However, it is possible to get a restricted license (twelve hours per day) during the period of the first offense license loss.