Understanding Drunk Driving Charges and Penalties in Massachusetts

If you are facing charges for drunk driving, also known as Operating Under the Influence (OUI), it is crucial to have an experienced OUI defense attorney on your side. Attorney Michael G. Bradley provides skilled representation for clients throughout eastern Massachusetts, including Norfolk and Suffolk Counties. With over 20 years of criminal defense experience, Attorney Bradley is dedicated to protecting your rights and achieving the best possible outcome in your case.

First Offense:

• Jail Time: Up to 2 1/2 years in a House of Correction.
• Fine: $500 – $5,000.
• License Suspension: 1 year; hardship licenses for work or education considered after 3 months, general hardship after 6 months.

Breath/Chemical Test Refusal: Refusing a breath test results in an immediate 180-day license suspension. You have 15 days from the date of the incident to appeal this suspension before the Registry of Motor Vehicles (RMV). The appeal process is challenging and requires experienced legal counsel.

Alternative Disposition:

• Continuance Without a Finding (CWOF): Admit sufficient facts to find you guilty but request a CWOF. After a probation period, the case is considered dismissed, though future OUI charges may still be impacted.
• Fines and Fees: Total fines and court fees over $2,500, plus increased insurance premiums.
• Probation: Unsupervised probation for one year.
• Alcohol Education: Mandatory 16-week alcohol and drug education program.
• License Suspension: 45 to 90 days, or 210 days if under 21. Eligibility for a hardship license typically within 3 business days.

Second Offense

Jail Time:

• Minimum: 60 days (30 days mandatory).
• Maximum: 2 1/2 years.

Fine: $600 – $10,000.

License Suspension: 2 years; hardship licenses for work or education considered after 1 year, general hardship after 18 months.

Breath/Chemical Test Refusal: Refusal results in an immediate 3-year license suspension. Appeals must be filed within 15 days and are typically difficult.

Alternative Disposition:

• Probation: 2 years.
• Alcohol Treatment: 14-day inpatient alcohol treatment program.
• Ignition Interlock Device: Required for 2 years at your own expense upon eligibility for a hardship or license reinstatement.

Cahill Disposition: If the prior offense was more than 10 years ago, you may qualify for a 24D disposition, which imposes penalties similar to a first offense. However, the Registry will treat you as a second offender for license reinstatement purposes.

Third Offense

Jail Time:

• Minimum: 180 days (150 days mandatory).
• Maximum: 5 years in state prison.

Fine: $1,000 – $15,000.

License Suspension: 8 years; hardship licenses for work or education considered after 2 years, general hardship after 4 years.

Breath/Chemical Test Refusal: Refusal results in an immediate 5-year license suspension. Appeals must be filed within 15 days.

Vehicle Seizure: The Commonwealth may seize, keep, or sell your vehicle.

Fourth Offense

Jail Time:

• Minimum: 2 years (1 year mandatory).
• Maximum: 5 years in state prison.

Fine: $1,500 – $25,000.

License Suspension: 10 years; hardship licenses for work or education considered after 5 years, general hardship after 8 years.

Breath/Chemical Test Refusal: Refusal results in a lifetime license suspension. Appeals must be filed within 15 days.

Vehicle Seizure: The Commonwealth may seize, keep, or sell your vehicle.

Fifth Offense and Beyond

Jail Time:

• Minimum: 2 1/2 years (24 months mandatory).
• Maximum: 5 years.

Fine: $2,000 – $50,000.

License: Revoked for life with no possibility of a hardship license. Additional offenses will result in even longer mandatory jail time.

Additional Charges

OUI with Serious Bodily Injury: Penalties vary based on the severity of the injury and the aggressiveness of the Commonwealth’s prosecution.

Child Endangerment While OUI:

• Minimum Jail Time: 90 days, served consecutively with the underlying OUI sentence.
• Minimum Fine: $1,000, increasing to $5,000 for subsequent offenses.

Contact Us for Skilled Defense

If you are charged with OUI or drunk driving, contact Attorney Michael G. Bradley for expert legal representation. With extensive experience and a commitment to your defense, Attorney Bradley will work tirelessly to protect your rights and achieve the best possible outcome. Call us today for a free case evaluation and to discuss your legal options.