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Massachusetts DUI Laws



How Much Do I Have to Drink to Convicted of a DUI in Massachusetts?

Massachusetts DUI Laws State the Following:

• MA DUI Law states that any driver under the age of 21 with a blood alcohol content of .02% or above will be found guilty of a Massachusetts  DUI

• MA DUI law states that any driver 21 years of age with a blood alcohol content of .08% or above will be found guilty of a Massachusetts  DUI

• MA DUI law: Any driver operating a commercial vehicle with a blood alcohol content of .04% or above will be found guilty of a Massachusetts  DUI

What Happens If I refuse to take a Breathalyzer or Chemical Test in Massachusetts?

Massachusetts DUI Law is tied-into implied consent law. Massachusetts DUI laws proclaim that if you refuse to a chemical test—when pulled for a suspected DUI—you are formally subjected to increased penalties (license suspensions) and fines. 

MA DUI laws require all individuals suspected of a DUI to take a breath or blood test. The state’s implied consent law declares that if you are lawfully arrested by a law enforcement agent with probable cause to believe that you are driving under the influence, then you must consent to taking a chemical test of your blood, breath or both for the purpose of determining your blood alcohol content levels. According to Massachusetts DUI law, chemical tests must be taken within three of hours of the stop; the officer will offer the breath test before the blood test. If a breathalyzer is not available—of if you cannot complete the test—then the officer will request a blood test. It is a bad idea—for the vast majority of DUI charges—to refuse to take a breath or blood test. In addition to the penalties listed below, Massachusetts DUI law declares that you will be fined at least $500 for refusing to take a test. Moreover, the penalties are far more severe if you are involved in a DUI-related accident that causes an injury or death. If you cause a serious injury—and are later convicted of a DUI—then your driver’s license will suspended for ten years. If you cause a death and refuse to take a test, and later are convicted of a DUI, then your license will be suspended for the remainder of your life

Penalties for Refusing to take a Chemical Test in Massachusetts:

• MA Dui Laws: Refusal to take test 1st Offense: 180 day license suspension

• MA Dui Laws: Refusal to take test 2nd Offense: 3 year license suspension

• MA Dui Laws: Refusal to take test 3rd Offense: 5 year license suspension 

Jail Time Associated with Refusing to take a Chemical Test in Massachusetts:

• MA Dui Laws: Refusal to take test 1st Offense: No minimum jail term required

• MA Dui Laws: Refusal to take test 2nd Offense: 30 days in jail

• MA Dui Laws: Refusal to take test 3rd Offense: 150 days in jail

Can I Plead to a Lesser Offense than a DUI in the State of Massachusetts?

If you are charged with a DUI in the state of Massachusetts you may attempt to plead down to a “wet reckless” or a conviction of reckless driving involving alcohol. That being said, Massachusetts DUI law does not promulgate statutory provisions stating whether a wet reckless plea will be accepted. It is; however, possible that—with the aid of a DUI lawyer—you can create an effective plea defense.

Massachusetts DUI Laws: What are the Penalties for a DUI?

Massachusetts DUI laws for first offenses incur both administrative and criminal penalties. That being said, depending on how a given case proceeds, an individual charged with a DUI may be eligible for alternative disposition for their first offense. Consulting with a Massachusetts DUI attorney immediately following the arrest is imperative in deciphering how to proceed based on a case-specific consideration. 

Administrative Penalties, according to Massachusetts DUI laws, state that a 1st offender will face an administrative license suspension of one year, with the potential for a hardship license after 3 months. That being said, if the case is resolved through an alternative disposition, an offender can face a license suspension of 45 to 90 days with immediate eligibility for a hardship license. Reinstatement of a license is contingent upon payment of reinstatement of fees and fines. Moreover, an ignition interlock device is possible for first offenders, including those involved with a hardship license option. 

First offense DUI’s in Massachusetts carry no mandatory jail sentence; offenders typically face a prolonged house arrest. 

Massachusetts DUI law concerning 1st offense range widely; minimums are set at $500 and maximums are set at $5,000. These costs are minute compared to the actual costs and expenses associated with reinstatement, alternative dispositions (if associated) and completing sentences. 

Massachusetts DUI Laws: What are the Penalties for a DUI? 

Massachusetts DUI laws state that if you are convicted of a second offense, the following administrative penalties will occur:

• MA DUI Law: Fines between $600 and $10,000

• MA DUI Law: Massachusetts DUI laws declare that you may attain a “hardship license” (driving privileges for a limited time frame for driving to and from work) after 1 year from the DUI conviction.

• Ignition interlock devices is placed on your vehicle (at your own expense) is required to regain your license

Massachusetts DUI laws state that if you are convicted of a second offense, the following criminal penalties will occur:

• MA DUI Law: A maximum jail sentence of up to 2 and a half years (30 days to 30 months)

• MA DUI Law: Driving license suspension for 1 year

• MA DUI Law: You will be charged with Child Endangerment if any person under the age of 14 is in the vehicle at the time of the arrest. This will add 3 months to 2.5 years in jail. Moreover, an additional drivers’ license suspension of one year and a fine of $1,000 to $5,000 will be added on. 

• MA DUI Law: Ignition Interlock Device is Required

• MA DUI Law: Hardship License Eligibility after 1 year

Massachusetts DUI laws declare that if you are convicted of a third DUI offense, the following administrative penalties will occur:

• MA Dui Laws: A fine between $1,000 to $15,000

• MA Dui Laws: Jail sentence from 150 days to 5 years

• MA Dui Laws: Driver can attain a “hardship license” (driving privileges are permitted for a limited time period) after 2 years from the 3rd DUI conviction

• MA Dui Laws: Ignition interlock device provided at your own expense to regain your license

Massachusetts DUI laws declare that if you are convicted of a third DUI offense, the following criminal penalties will occur:

• A jail sentence of 5 months to 5 years

• Driving license is suspended for 8 years

• Hardship license eligibility after 2 years

Massachusetts DUI laws declare that if you are convicted of a fourth DUI offense, the following administrative and criminal penalties will occur:

• MA Dui Laws: Jail sentence from 1 to 5 years

• MA Dui Laws: A fine between $1,500 to 25,000

• MA DUI Law: A license suspension of 10 years

• MA DUI Law: Eligibility for a hardship license—according to Massachusetts DUI laws—is possible after 5 years

• MA DUI Law: Ignition interlock device is required

Massachusetts DUI laws declare that if you are convicted of a fifth DUI offense, the following administrative and criminal penalties will occur: 

• Jail sentence between 2 and five years

• A fine between $2,000 to $50,000

• A permanent license suspension

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