MASSACHUSETTS OUI LAW

Blood Alcohol Content (BAC) for Operating Under the Influence (OUI) in Massachusetts:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Professional Drivers: .04% or above
• High BAC: .20% or above

Implied Consent and Chemical Test Refusal: When you obtained your Massachusetts' driver's license, you also gave your implied consent to undergo a chemical test, whether by urine, blood, or breath, to determine your BAC if the police reasonably believe that you are driving your vehicle under the influence of alcohol. If you refuse to submit to a chemical test when an officer stops you, your license will be suspended for 180 days. However, if you have a prior OUI conviction and refuse the test, your license will be suspended for three years.

The penalties further increase if you have more than one prior OUI conviction. Because harsh penalties result from refusing to take a BAC test, and from OUI convictions, hiring a Massachusetts OUI attorney to defend you once you have been arrested can provide you with a tremendous amount of guidance in a situation where the stakes are high.

OUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
• First OUI Conviction: 1 year.You must also complete an Alcohol Treatment Program.
• Second OUI Conviction: 2 years.

• Monetary Fines:
• First OUI Conviction: Between $500 and $5,000 plus a $250 fine and a $50 fine to go to the Massachusetts OUI Victim Trust Fund.
• Second OUI Conviction: Between $600 and $10,000.

• Community Service: A Massachusetts court may order community service.

• Probation: You may receive probation based on a plea bargain after your first offense.

• Motor Vehicle Impound: The police may impound your car for 12 hours after your first offense. On your third offense, the police can seize your car and sell it.

• Ignition Interlock: Required when you have committed a second OUI. The device must remain installed in your car for 2 years after the full reinstatement of your license.

• Prison Time:
• First OUI: Maximum of 30 months.
• Second OUI: Minimum of 30 days to maximum of 30 months.

OUI Arrest - Criminal Charges

Criminal OUI charges carry with them severe penalties. As such, if you are criminally charged with an OUI in Massachusetts, you should contact a Massachusetts criminal attorney who specializes in OUI cases in the county were you were arrested and charged.

Potential Criminal Charges: OUIs are charged as criminal offenses in Massachusetts. What level of offense you are charged with depends on how many prior OUI convictions you have on your record, whether there was serious personal injury involved, and whether someone under the age of 14 was in the car with you when you were arrested.

Reinstating Your License After OUI Conviction: You must see a Hearings Officer at a Massachusetts Registry of Motor Vehicles Suspension Hearing site to reinstate your license. You must also pay a reinstatement fee ranging from $100 to $1,200 depending on the offense. In addition, Massachusetts requires a minimum amount of liability insurance to drive; so, in order to have your license reinstated you must file an SR22 form with the Massachusetts Registry of Motor Vehicles (RMV).

Effect of OUI on Car Insurance: Most likely your insurance rates will either spike, or your insurance company will drop your coverage after your OUI conviction. However, it is imperative that you have liability insurance. Without liability insurance in Massachusetts, you cannot operate a motor vehicle. You must find an insurance company that offers an SR22 Certificate of Insurance policy, and your carrier will file an SR22 form with the Massachusetts RMV.

Effect of OUI on Driving Record: An OUI can stay on your driving record for life.

Under 21 and OUI: If you are under 21, have a BAC of .02% or greater, and are operating a motor vehicle, you are in violation of the Massachusetts Zero Tolerance Law. As a result, your license will automatically be suspended for 180 days. You must also participate in a Youth Alcohol Program. If you refuse to take a chemical test to determine your BAC, your license can be suspended for up to three years. You should speak with a Massachusetts OUI lawyer about your underage OUI.

Massachusetts Resources

Massachusetts Registry of Motor Vehicles

http://www.massdot.state.ma.us/rmv/

Massachusetts OUI Statutes

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24