Massachusetts DUI Laws, Penalties, and License SuspensionMassachusetts drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
Massachusetts Laws
The following driving actions are illegal in the State of Massachusetts:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
Massachusetts Penalties
First Drunk Driving Conviction
The first time you are convicted of an OUI in Massachusetts you will be fined from $500-$5,000. You also face up to 2 1/2 years in prison and your drivers license will be suspended for the period of 1 year. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Second Drunk Driving Conviction
If you are arrested a second time for drunk driving in the State of Massachusetts, you will be fined from $600-$10,000. You will also face from 30 days to 2 1/2 years in prison and have your drivers license suspended for a period of 2 years. The court may also order you to install an ignition interlock device on your vehicle at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Third Drunk Driving Conviction
For your 3rd drunk driving conviction in the State of Massachusetts you will be fined between $1,000 and $15,000. You will also spend from 150 days to 2 1/2 years in prison and have your drivers license suspended for 8 years. The court may also order you to install an ignition interlock device on your vehicle at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Fourth Drunk Driving Conviction
For your 4th drunk driving conviction in the State of Massachusetts you will be fined between $1,500 and $25,000. You will also spend from 1 to 3 years in prison and have your drivers license suspended for 10 years. The court may also order you to install an ignition interlock device on your vehicle when you get out of prison at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Fifth Drunk Driving Conviction
For your 5th drunk driving conviction in the State of Massachusetts you will be fined between $2,000 and $50,000. You will also spend from 2 to 5 years in prison and have your drivers license suspended for Life. The court may also order you to install an ignition interlock device on your vehicle when you get out of prison at your own expense. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
Massachusetts Drivers License Issues
The implied consent law in Massachusetts means that as a driver in the State of Massachusetts you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. Melanie's law significantly increases the amount of time your license will be suspended for refusing a breathalyzer test. If you do refuse a test your license will be suspended for 180 days if you have no prior drunk driving offenses. If you refuse a test, and have one prior drunk driving conviction your license will be suspended for 3 years. The penalties increase further with a 5 year suspension with two prior DUI's and a lifetime suspension if you refuse the test and have 3 previous drunk driving offenses.
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