subject: Punishments In Massachusetts For Driving Under The Influence [print this page] The following is a list of both the most likely and the maximum penalties you are facing if you are found guilty of an OUI in Massachusetts. DUI/DWI cases are a very complicated area of the law, and this information can be hard to understand.
BAC:
BAC = Blood Alcohol Content, lets know in detail about it.
People often ask, how many drinks does it take to become legally drunk? Thats the wrong question to ask because it presupposes that there are a fixed number of drinks that are acceptable before you get behind the wheel.
The questions are
1. How much can one drink BAC for an OUI/DUI in Massachusetts?
*Under the age of 21 can consume .02%
*21 or older than can consume .08%
*For commercial can consume .04%
2. How many drinks does it take?
One Drink is considered as
*1 Beer.
*1 Three Ounce Glass of Wine.
*1 Shot or 1 Ounce of Hard Liquor.
3. What if you refuse to take a chemical test in Massachusetts?
Massachusetts has an implied consent law. That means that if you refuse to submit to a chemical test or refuse to take a chemical test, you will be subject to a fine and automatic license suspension. Below is a clear list of what sort of punishments are given if one violates Massachusettss implied consent law.
Offense:
Offenses for refusal to take test
1st Offense -180 days of license suspension
2d Offense 3years of license suspension
3rd Offense 5 years of license suspension
Minimum Jail Time:
Below is a list of what are the minimum jail time for each offense?
1st Offense No minimum jail term is required
2d Offense 30 days of jail
3rd Offense 150 days of jail
Look back Period: Lifetime Period of time that prior OUI/DUIs are relevant for sentencing, which is also known as a washout period. That is, a prior OUI/DUI is admissible for your life
4. Can one plead for lesser offense than OUI/DUI in Massachusetts?
A defendant might receive a wet reckless, or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. But there is no statutory provision on whether a wet reckless plea bargain will be accepted in Massachusetts, but its possible a lawyer may be able to create a plea bargain for you.
1st Massachusetts DUI Offense:
*First Drunk Driving Conviction
*Jail Up to 30 Months
*Fine From $500 to $5,000
*Fine $250 Assessment
*Fine $50 DUI Victim Trust Fund
*License Suspension 1 Year
*Court Assigned Treatment Program
2nd Massachusetts DUI Offense:
*Second Drunk Driving Conviction
*Jail From 30 Days to 30 Months
*Fine From $600 to $10,000
*License Suspension 2 Years
*Hardship License Eligible after 1 Year
*Ignition Interlock Device Required
3rd Massachusetts DUI Offense:
*Third Drunk Driving Conviction
*Jail From 150 Days to 5 Years
*Fine From $1,000 to $15,000
*License Suspension 8 Years
*Hardship License Eligible after 2 Years
*Ignition Interlock Device Required
4th Massachusetts DUI Offense:
*Jail time will allotted for not less than 2 years i.e.1 year minimum mandatory, not more than 5 years in State Prison.
*Fine $1,500-$25,000
*License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years.
*Commonwealth may seize, keep, and/or sell your vehicle.
5th Massachusetts DUI Offense:
*Jail time will be allotted, not less than 2 1/2 years, not more than 5 years Fine $2,000-$50,000
*License Revoked/Suspended for life, no possibility of a hardship license.
5. Charges for Serious Bodily Injury:
If you are charged with an OUI where someone is injured, the case can get much more complicated, and extremely serious.
You can face penalties of 6 months to 2.5 years in House of Correction or 6 months to 10 years in State Prison depending on how it is charged and prosecuted.
Even a drunk driving charge where there is possibly a minor injury or accident can get messy to resolve quickly.
Conclusion:
If youve been arrested, you want to know what you are facing, and what your options are. Thats why it makes sense to get a case evaluation from an experienced lawyer who handles DUI/drunk driving cases every day. If you fight the case and win at trial, your penalty is nothing.
