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Massachusetts DUI - First Offense
Jail:
Not more than 2 1/2
years House of
Correction
Fine:
$500 - $5,000
License: 1 year
suspension
Hardship License:
work/education hardship
license considered in 90
days; general hardship
license considered in 6
months
First Offense DUI - Alternative Disposition
This
"alternative
disposition" is commonly
referred to as "24D."
Probation & assignment
to a Massachusetts First
Offender
Alcohol Education
Program approved by
the Department of Public
Health. The approximate
cost of this program is
$600.00.
License: License
suspended for 45 - 90
days, with a 210 day
license suspension for
drivers under 21 years
of age.
Hardship License:
Hardship License
considered upon entry
into and completion of
in-take session of the
alcohol program.
However, you must wait 3
business days after the
court date before
appearing at certain
Registry offices for
your hearing. You must
have proof of alcohol
education program
enrollment.
Contact a RMV Appeal
Attorney regarding this
important hearing.
Mass. DUI - Second Offense
Jail:
30 days mandatory, not
more than 2 1/2 years
Fine:
$600 - $10,000
License: revoked for
2 years
Hardship License:
Work/education hardship
license considered in 1
year; general hardship
license considered in 1
1/2 year.
Second Offense DUI - Alternative Disposition
2 Years
Supervised Probation
14 day
in-patient Alcohol
Education Program (at
defendant's expense)
License: suspended
for 2 years
Hardship License:
Work/education hardship
license considered in 1
year; general hardship
license considered in 1
1/2 year.
Ignition interlock
device is required
for 2 years.
If your
prior DUI offense
occurred more than 10
years ago, you may be
eligible for a "first
offender" 24D
disposition. However,
the Mass. Registry would
still consider you a
second offender for
license reinstatement
purposes.
Massachusetts DUI - Third Offense
Jail:
150 days mandatory,
not more than 5 years in
State Prison. Sentence
may be served in Alcohol
Treatment Facility
Fine:
$1,00 - $15,000
License: revoked for
8 years
Hardship License:
Work/education hardship
license considered in 2
years; general hardship
license considered in 4
years.
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Massachusetts DUI - Fourth Offense
Jail:
1 year minimum
mandatory, up to 5 years
in state prison.
Sentence may be served
in Alcohol Treatment
Facility
Fine:
$1,00 - $15,000
License: 10 year
suspension
Hardship License:
Work/education hardship
license considered in 5
years; general hardship
license considered in 8
years.
Massachusetts DUI - Fifth Offense
Jail:
2 year minimum
mandatory, up to 5 years
in state prison.
Fine:
$2,000-$50,000
License: revoked for
life
Hardship License: no
possibility of a
hardship license.
If your Massachusetts License is Suspended because of
OUI, you are entitled to a
Hearing before the Board
of Appeal.
Our License Reinstatement Specialists may be able to help you obtain a Hardship License or overturn the license suspension entirely.
Contact one of our attorneys for a free consultation & review of your driving record.
Note: If you have been
convicted of OUI 2nd
offense or greater, you
are required to have an
ignition interlock
device installed on any
vehicle which you own,
lease, or operate. This
includes employer's
vehicles. Contact a RMV
Appeal Attorney for more
information on these
devices.
Lower Per Se Limit for Commercial Drivers License (CDL) Holders
If you
are tested with .04 BAC,
you will be disqualified
from operating a
commercial vehicle for
not less than one year.
It is generally not
possible to get a
hardship CDL. If you are
able to obtain a Mass.
Hardship License, it
will be a Class D -
regular passenger car
license.
Lifetime Look-back
Massachusetts law now
allows for a "lifetime
look-back," meaning the
court may consider prior
OUI convictions when
assessing a penalty at
sentencing. This means
that any conviction on a
drunk driving charge
from decades ago may
cause your case may be
counted as a second
(2nd) or third (3rd)
offense, instead of the
1st offense you were
expecting. When
calculating offenses,
both Massachusetts drunk
driving convictions as
well as any out of state
DUI offenses will count.
Fax your driving and/or
criminal record to
an RMV Appeal Attorney
at 508-302-0212 for a
free review. |
