OUI Conviction Penalties in Massachusetts DUI law book next to gavel

There are 3 ways to resolve a DUI case. The case can either be dismissed, tried to a judge or a jury, or a defendant can offer a plea. Because OUI cases are a public safety concern, it’s uncommon to have a straight dismissal. The vast majority of cases are either tried or plead. If the case is tried and a not guilty verdict is rendered, there are no penalties (aside from any driver’s license issues as a result of failing the breathalyzer or refusing to take it). If the case is tried and a guilty verdict is rendered, our Massachusetts OUI attorney explains, then a judge hand down a sentence. 

A first offense is a misdemeanor. A defendant faces a maximum of 30 months in a house of correction, fines between $500-5,000, and a suspended license for 1 year, with a work/hardship license considered in 6 months, and a general hardship license considered in 9 months. 

A second offense is also a misdemeanor. A defendant faces a maximum of 3 months in a house of correction but shall serve not less than 60 days (30-day mandatory), fines between $600-6,000, and a suspended license for 2 years, with a work/hardship license considered in a year.

A third offense is a felony. A defendant faces not less than 180 days (150 days mandatory), and not more than 5 years in state prison, a fine between $1,000 and 15,000, and a suspended license for 8 years, with a work/education hardship considered in 2 years.

A fourth offense is a felony. A defendant faces not less than 24 months (1 mandatory), and not more than 5 years in state prison, a fine between $1,500 and 25,000, and a suspended license for 10 years, with a work/education hardship considered in 5 years. 

A fifth offense is a felony. A defendant faces not less than 30 months (24 months minimum mandatory) and not more than 5 years in state prison, a fine of $2,000-50,00, and a suspended license for life.  There is no possibility of a hardship license.

Nate Amendola
Massachusetts criminal defense attorney, helping resolve OUI, domestic violence, drug and criminal charges
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