WHAT ARE THE POTENTIAL CONSEQUENCES IF I HAVE BEEN CHARGED WITH AN OUI/DUI?

If you have been charged with an OUI / DUI / DWI, you may be worried about the potential legal and collateral consequences. The Massachusetts OUI / DUI law, G.L. c. 90, § 24, can be difficult to decipher. Attorney Bethany Rogers has provided a summary of the law below. Please feel free to call 617-227-7200 to speak with Attorney Rogers about any questions you may have. All consultations are free and confidential.

FIRST OFFENSE

Although a first offense OUI / DUI is punishable by up to 2 1/2 years in jail and/or a fine ranging from $500 to $5,000, as well as a 1-year loss of license upon conviction, most first offenses result in an alternative disposition under section 24D of the law. The alternative disposition is not available in cases involving serious bodily injury or where death resulted from the OUI / DUI.

ALTERNATIVE DISPOSITION:

• Continuance without a finding (no criminal conviction) or Guilty finding

• Up to 2 years of probation

• Alcohol Education Program (40 hours over a period of 16 weeks)

• Fees and Fines totaling $1,380 and Alcohol Education Program fee (approx. $568)

• 45-day to 90-day loss of license during which time you may be eligible for a hardship license

• A Commercial Driver’s License (CDL) will be suspended for 1 year

NOTE: Any suspension for a Conviction or Continuance Without a Finding does NOT run concurrently with the Breath Test Refusal suspension. Therefore, although you may receive a hardship license immediately upon resolving your case and enrolling in an alcohol education program, you will not be eligible for full reinstatement of your license until a minimum of 225 days has elapsed (180-day breath test refusal suspension plus 45-day OUI suspension).

Hardship licenses are issued by the Registry of Motor Vehicles (RMV). A hardship license confers a right to operate a motor vehicle during a 12-hour period 7 days per week. The 12-hour window must be uniform throughout the suspension period and must be designated by the recipient in advance. Operating outside of the designated 12-hour window will result in criminal charges. Hardship licenses are not available during the Breath Test Refusal suspension period. A person becomes eligible when the OUI/DUI case is resolved. Hardship licenses are not automatically issued; you must apply and be approved by the RMV.

SECOND OFFENSE

• Guilty finding with a term of probation or jail sentence of not less than 60 days (30 days mandatory) and not more than 2 years

• Fine of $600 - $10,000

• Two-year loss of license with consideration for a work/education hardship license after 1 year

• Ignition Interlock device required under G.L. c. 90, § 24 ½

• A Commercial Driver License (CDL) will likely be suspended for Life

NOTE: A Breath Test Refusal Suspension does NOT run concurrently with a suspension that results from a conviction. Therefore, your license may be suspended for a period of 4 years before you become eligible for a hardship license (3-year breath test refusal suspension plus 1 year of the 2-year OUI suspension).

ALTERNATIVE DISPOSITIONS:

• Guilty finding with a term of probation

• 14-day inpatient treatment program paid for by you (approx. $968) and 26 weeks of aftercare

• Two-year loss of license with consideration for a work/education hardship license after 1 year

• Ignition Interlock device required under G.L. c. 90, § 24 ½

NOTE: A Refusal Suspension does NOT run concurrently with any suspension that results from a conviction. Therefore, your license may be suspended for a period of 4 years before you become eligible for a hardship license (3-year breath test refusal suspension plus 1 year of the 2-year OUI suspension).

If your prior offense was more than 10 years ago, you may be eligible for a first offender’s disposition:

• Continuance without a finding (no criminal conviction) or a Guilty finding

• Up to 2 years of probation

• Completion of an Alcohol Education Program (40 hours over a period of 16 weeks)

• Fees and Fines of $1,380 - $2,100 and Alcohol Education Program fee (approx. $568)

• 45-day to 1-year loss of license during which time you may be eligible for a hardship license

• Ignition Interlock device required under G.L. c. 90, § 24 ½

THIRD OFFENSE

• Guilty finding (felony conviction)

• Jail sentence of not less than 180 days (150-day minimum mandatory) or, if indicted, not more than 5 years in State Prison

• Fine $1,000 - $15,000.

• 8-year loss of license with consideration for a work/education hardship license after 2 years and for a general hardship license after 4 years

• Ignition Interlock device required under G.L. c. 90, § 24 ½

NOTE: A Breath Test Refusal Suspension does NOT run concurrently with any suspension for a conviction. Therefore, your license may be suspended for 7 years before you are eligible for a hardship license (5-year breath test refusal suspension plus 2 years of the 8-year OUI suspension).

FOURTH OFFENSE

• Guilty finding (felony conviction)

• Jail sentence of not less than 2 years (1 year minimum mandatory) or, if indicted, not more than 5 years in State Prison

• Fine $1,500 - $25,000

• 10-year loss of license with consideration for a work/education hardship license after 5 years and a general hardship license after 8 years unless you refused the breath test in which case your license is suspended for LIFE

• Ignition Interlock device required under G.L. c. 90, § 24 ½

FIFTH OFFENSE

• Guilty finding (felony conviction)

• Jail sentence of not less than 2 ½ years (2-year minimum mandatory) or, if indicted, state prison not more than 5 years

• Fine $2,000 - $50,000.

• Lifetime loss of license without the possibility of obtaining a hardship license