What Are the Penalities for an OUI or DUI?

Penalties for OUI Charge

OUI First Offense Penalty

• Imprisonment for not more than 2 ½ years (please keep in mind that this is the maximum penalty that a Judge could sentence you to, but very unlikely on a 1st Offense OUI)
• Fines: not less than $500, not more than $5,000
• Loss of License for 1 year

Alternative Disposition, Commonly Referred to as a 24D Disposition

• You can receive a Continuance Without a Finding (CWOF). A CWOF is more typical where there was no accident, the offender has little or no record, and if there was a Breath Test Result, it was not abnormally high.
• You can still receive a 24D Disposition with a Guilty Finding.
• Be placed on Probation for at least one year. (It is typical for most offenders to be placed on probation for only one year, unless there are extenuating circumstances where a Judge believes that more than a year is appropriate)
• Pay a $65/month Probation Fee
• 45-90 days Loss of License (which does not include any penalty for the Breathalyzer Refusal)
• 24D Program, which is the Alcohol Education Program, 16 weeks, 2 hours per week, at your expense. The program roughly costs $600.
• Clients who are under 21 years old will have a Loss of License for 210 days, even with entrance into the 24D Program (Age of the client is measured at the time of the offense, not the disposition),
• You are eligible for your Hardship License

Caveats to the Alternative Disposition

• 24Q Alcohol Evaluation if your Blood Alcohol Concentration (BAC) is .20% or higher (you will have to meet with someone who is qualified in alcohol dependency to determine if further treatment may be deemed necessary as part of your probationary period)
• Clients who are under 21 years old and have a BAC of .20% or higher, will have to participate in a 14-day second offender program, which is in-patient

OUI 2nd Offense Penalty

• Imprisonment for not less than 60 days, not more than 2 ½ years, with a mandatory minimum of 30 days that are served in jail
• Fines: not less than $600, not more than $10,000
• 2 year Loss of License
• After 1 year Loss of License, you become eligible for a Hardship License, with an Interlock Device Installed in your vehicle
• Interlock Device must be installed and maintained at your expense

Alternative Disposition for 2nd Offense

• Probationary Period of 18 Months to 2 years
• Most 2nd Offenses will require a Suspended Sentence to be imposed (this means there will be pre-determined amount of jail time that you will have to serve if you violate the terms and conditions of your probationary period and a Judge decides to incarcerate you)
• 14 Day In-Patient Program that is paid for by you (the 14 Day In-Patient Program is a locked facility that is typically done at the Tewksbury State Hospital)
• 2 year Loss of License
• After 1 year Loss of License, you become eligible for a Hardship License, with an Interlock Device Installed in your vehicle
• Interlock Device must be installed and maintained at your expense
• Interlock Device will remain for 2 years
• Please Note: Possible 24D Disposition for 2nd Offenders. If your 1st Offense is more than 10 years old, it is possible to have the Court treat the 2nd Offense as a 1st Offense in which you would only face the penalties of a 1st Offense. Unfortunately, the Registry of Motor Vehicles (RMV) will still treat it as a 2nd Offense for License Reinstatement purposes.

OUI 3rd Offense Penalty

• Imprisonment for not less than 180 days, with a mandatory minimum of 150 days that must be served, but not more than 5 years State Prison Sentence
• Considered to be a Felony Conviction (Convicted Felon Classification)
• Fines: not less than $1,000, not more than $15,000
• 8 Year Loss of License
• Hardship License can be considered by the RMV in 2 years
• Defendant must also attend an alcohol or drug assessment program

OUI 4th Offense Penalty

• Imprisonment of not less than 2 years, with a mandatory minimum of 1 year that must be served, but not more than 5 years State Prison Sentence
• Fines: not less than $1,500, not more than $25,000
• 10 Year Loss of License
• Hardship License can be considered by the RMV in 5 years

OUI 5th Offense Penalty

• Imprisonment not less than 2 ½ years, with a mandatory minimum sentence of 2 years that must be served, but not more than 5 years State Prison Sentence
• Fines: not less than $2,000, not more than $50,000
• Lifetime Loss of License, without the possibility of receiving a Hardship License from the RMV

OUI 1st: Your license is immediately suspended by the Registry for 180 days.

OUI 2nd: Your license is immediately suspended by the Registry for 3 years.

OUI 3rd: Your license is suspended for 8 years.

OUI 4th: Your license is suspended for 10 years.

OUI 5th or more: Lifetime suspension.

Please note that all Breath Test Refusal periods can be shorted pursuant M.G.L. c. 90 § 24(f)(1)(iii), “the defendant may immediately, upon the entry of a Not Guilty finding or Dismissal of all charges under this section, 24G, section 24L, or section 13 ½ of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the Commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety.”

For example, if your license was suspended for 180 days because you refused the breathalyzer, you can move for a quick trial that occurs before the 180 days has lapsed. So, if you have your trial 120 days after your arrest and breath test refusal, and you get a Not Guilty or Dismissal of the charges, you can petition the Court to immediately restore your license. If we are successful at the hearing, which favors us because there is a “rebuttable presumption that said license be restored” you can go down to the Registry of Motor Vehicles (RMV) with the endorsed Court Order restoring said license and certified copy of the docket entry.

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