Massachusetts · OUI
Massachusetts OUI laws and penalties
Massachusetts's legal BAC limit is 0.08%. For a first offense, Massachusetts's statute provides jail of up to 2.5 years, a fine of $500 to $5,000, and a license suspension of 1 year. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Massachusetts the offense is called OUI (operating under the influence). It is the offense most states call DUI.
Figures read from official pages on .
Massachusetts OUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- None
- No higher tier in the law
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- Lifetime
- Prior OUI offenses that count
License hearing: ask within 15 days
After refusing a chemical test: a hearing before the registrar within 15 days of the suspension. After failing a breath test: 10 days to ask the court for a hearing, limited to whether a blood test shows less than 0.08. Count the days with the license-hearing window calculator.Higher BAC level. No high-BAC tier in the penalties. At 0.15 or more the registrar may add an ignition interlock restriction to a hardship license.
Ignition interlock. Only at 0.15 or more, only on a hardship license, and only at the registrar's discretion.
Lookback. No time limit: any earlier conviction counts.
01Penalties
Massachusetts OUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 60 days |
| Jail (maximum) | 2.5 years | 2.5 years |
| Fine (minimum) | $500 | $600 |
| Fine (maximum) | $5,000 | $10,000 |
| License suspension | 1 year | 2 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Massachusetts compares
Of the 49 states with a confirmed BAC limit, 48 (Massachusetts among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Massachusetts requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Massachusetts gives 15.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Connecticut | 0.08% | 7 days | Required | 48 hours to 6 months | $500 to $1,000 | 45 days |
| Massachusetts (this page) | 0.08% | 15 days | In some cases | Up to 2.5 years | $500 to $5,000 | 1 year |
| New York | 0.08% | No fixed deadline | Required | Up to 1 year | $500 to $1,000 | 6 months minimum revocation |
| Rhode Island | 0.08% | No fixed deadline | At the judge's discretion | Up to 1 year | $100 to $300 | 30 days to 180 days |
| Vermont | 0.08% | 7 days | In some cases | Up to 2 years | Up to $750 | 90 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How an OUI case moves through the system in Massachusetts
Arrest and booking
Police arrest a driver on suspicion of OUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
After refusing a chemical test: a hearing before the registrar within 15 days of the suspension. After failing a breath test: 10 days to ask the court for a hearing, limited to whether a blood test shows less than 0.08.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Massachusetts's statute provides jail of up to 2.5 years, a fine of $500 to $5,000, and a license suspension of 1 year. See the penalties table above.
04Sources
Where Massachusetts's figures come from
- Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (malegislature.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · License hearing request · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater
- BAC limit, age 21 and over
0.08%
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor
- Higher BAC level
None set by the law
Mass. Gen. Laws ch. 90, § 24
Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access ... operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, ... shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.
- BAC limit under 21
0.02%
Mass. Gen. Laws ch. 90, § 24(1)(f)(2)
(2) If a person's blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths
- Lookback period
Lifetime
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense
- License hearing request
15 days
Mass. Gen. Laws ch. 90, § 24(1)(g)
(g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar
- Ignition interlock, first offense
Required in some cases
Mass. Gen. Laws ch. 90, § 24(1)(c)(1)
In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this subparagraph requiring that such person have an ignition interlock device installed
- First offense: jail, minimum
None
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.
- First offense: jail, maximum
2.5 years
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Same passage as above.
- First offense: fine, minimum
$500
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Same passage as above.
- First offense: fine, maximum
$5,000
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Same passage as above.
- First offense: license
1 year
Mass. Gen. Laws ch. 90, § 24(1)(c)(1)
the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction
- Second offense: jail, minimum
60 days
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended
- Second offense: jail, maximum
2.5 years
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Same passage as above.
- Second offense: fine, minimum
$600
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Same passage as above.
- Second offense: fine, maximum
$10,000
Mass. Gen. Laws ch. 90, § 24(1)(a)(1)
Same passage as above.
- Second offense: license
2 years
Mass. Gen. Laws ch. 90, § 24(1)(c)(2)
the registrar shall not restore the license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until two years after the date of the conviction
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.