The penalties for OUI (operating under the influence) in Massachusetts vary depending on the circumstances of the offense and the number of prior OUI convictions on the individual’s record. The following are the potential penalties for a first or subsequent offense: First Offense: – Up to 2.5 years in jail (with a mandatory minimum of 30 days) – Fines ranging from $500 to $5,000 – License suspension for 1 year (eligible for hardship license after 3 months) – Probation from 1 – 2 years. The typical sentence is an alternative disposition wherein the individual will receive a continuance without a findg (CWOF) with 1 yr probation and entry into the Massachusetts impaired driving program (16 week program, meeting once a week), the license loss can rnage from 45-90 days. 1) A mandatory minimum jail sentence of 60 days (up to 2.5 years) and a maximum of 2.5 years 2) A fine of $600 to $10,000 3) License suspension for 2 years (with the possibility of a hardship license after 1 year) 4) Mandatory completion of a 14 day inpatient program and aftercare alcohol education program 5) Installation of an ignition interlock device on all vehicles owned by the offender 6) Possible probation for up to 2 years 7) Possible community service and/or alcohol/drug treatment program. If you your prior OUI offesne is outside of 10 years you may be elligible for a first offener alcohol program but any hardship license or full license will be subject to the ignition interlock program. Third Offense: – Up to 5 years in state prison (with a mandatory minimum of 150 days) – Fines ranging from $1,000 to $15,000 – License suspension for 8 years (eligible for hardship license after 2 years) – RMV requires completion of a 90 inpatient program to qualify for hardship releif. Mandatory installation of an ignition interlock device.
