DUI Penalties
Understanding Massachusetts OUI Penalties: What You Need to Know
Driving Under the Influence (DUI) laws, often called Operating Under the Influence (OUI) in Massachusetts, carry serious repercussions that vary depending on the number of prior offenses. The penalties, as set forth under Massachusetts General Laws Chapter 90, Section 24, and Section 24D, have evolved over the years, with significant amendments as recently as 2013. Here’s an in-depth look at what to expect if you’re facing OUI charges in Massachusetts and the legal alternatives that may help reduce the severity of these penalties.
First and Second OUI Offenses: Misdemeanor Charges in Massachusetts
First Offense OUI in Massachusetts
For those convicted of a first offense OUI, penalties are significant, even though they classify as a misdemeanor. A first offense carries a minimum fine of $500, though it can go as high as $5,000. Additionally, you might face a jail term of up to 2.5 years. Beyond the fine, the law mandates a $250 contribution to the head injury fund and a $50 victim fund fee. License suspension for a first offense is one year, although a hardship license could be available after three months. However, if you refuse a breathalyzer test, an additional 180-day suspension applies, while failing the test (blowing a .08 or higher) adds another 30 days to the suspension period.
The 24D Alternative Program for First-Time Offenders
24D disposition allows first-time offenders to avoid standard OUI penalties by pleading guilty. If accepted into the program, the judge may continue the case without a formal finding, placing the individual on probation instead of imposing a jail term. Under the 24D program, participants typically serve a one-year probation period (with a possible maximum of two years) and must complete a driver alcohol education program. Completing this course can help mitigate OUI penalties, such as license suspension, which is limited to 45 days regardless of whether a breathalyzer test was taken or refused. A monthly probation supervision fee of $65 also applies. This program is even accessible to individuals with prior OUI penalties over a decade old, although different rules may apply for those under 21.
Second Offense OUI
Massachusetts law offers an “alternative disposition” under Section 24D for first offenders, providing a way to minimize the harsh impacts of OUI penalties. Commonly approved by judges, the 24D disposition allows first-time offenders to avoid standard penalties by pleading guilty. If accepted into the program, the judge may continue the case without a formal finding, placing the individual on probation instead of imposing a jail term. Under the 24D program, participants typically serve a one-year probation period (with a possible maximum of two years) and must complete a driver alcohol education program.
Completing this course can qualify participants for a hardship license within three days, with license suspension limited to 45 days, regardless of whether a breathalyzer test was taken or refused. A monthly probation supervision fee of $65 also applies. This program is available even to individuals whose prior OUI penalties are over a decade old, although different rules may apply for those under 21.
Third and Subsequent Offenses: Felony Classifications and Heightened Penalties
Third Offense OUI
When an individual is convicted of a third OUI, it becomes a felony offense, bringing serious OUI penalties. A third offense can lead to fines ranging from $1,000 to $15,000, along with a minimum jail sentence of 180 days, 150 of which are mandatory. Alternatively, individuals may serve a prison sentence of up to five years in a secured treatment facility for alcohol addiction. Probation supervision fees and a driver’s license suspension of eight years apply. However, a hardship license may be granted after two years of successful treatment and good behavior, easing some of the long-term OUI penalties.
Fourth Offense OUI
A fourth offense brings more severe mandatory OUI penalties, including a minimum jail term of one year. A five-year state prison sentence may be pursued, especially if the case is moved to the superior court. This offense includes fines ranging from $1,500 to $25,000. Offenders face a 10-year license suspension, with hardship eligibility possible after five years. Many fourth offenses are prosecuted in the superior court, where state prison sentences and harsher OUI penalties are more likely.
Fifth Offense OUI
A fifth OUI conviction in Massachusetts is treated as a felony offense with the strictest OUI penalties. It demands a minimum jail sentence of 2.5 years, with at least two years served in full. The fines for a fifth offense start at $2,000 and can rise to $50,000. Additionally, individuals convicted of a fifth offense will have their license revoked for life, with no chance for hardship licensing or future reinstatement.
Key Takeaways for OUI Offenders in Massachusetts
Understanding the OUI penalties associated with OUI convictions in Massachusetts can be crucial for those facing charges or considering plea options. While first and second offenses are typically misdemeanors, a third offense or higher elevates the charge to a felony. The 24D alternative program provides a valuable opportunity for first-time offenders to avoid harsher consequences, offering probation and education over incarceration. However, as offenses accumulate, penalties grow substantially, leading to longer jail terms, larger fines, and extended or even permanent license suspensions.
If you’ve been charged with an OUI in Massachusetts, it’s critical to consult an experienced Massachusetts drunk driving attorney who understands the complexities of these cases. Attorney Adela Aprodu brings extensive experience in handling OUI cases, with a deep knowledge of Massachusetts DUI laws and a commitment to defending her clients’ rights. Adela will aggressively fight for you, advocating tirelessly to ensure the best possible outcome for your case. Her approach combines a nuanced understanding of legal strategy with a dedication to protecting her clients’ freedom and future. Don’t face these charges alone—reach out to Attorney Aprodu to defend your rights.