With the implementation of Melanie’s Law, Massachusetts DUI penalties and consequences can be severe and last a lifetime. For example, there is now a lifetime lookback period when considering prior OUI offenses.

The Mass. DUI Law imposes two distinct sets of consequences for operating under the influence. Criminal penalties includes fees, fines, probation, and potentially jail or incarceration in state prison.

The administrative sanctions include license suspensions under the Massachusetts Implied Consent Law and other parts of G.L. c. 90 § 24, the drunk driving statute. For example, the Registry imposes administrative per se suspensions for registering at or above .08, the legal limit in Massachusetts. Likewise, drivers who are under 21 years old will be subjected to license suspensions for registering at or above .02 on the breathalyzer. Anyone who refuses to take a breathalyzer after being arrested for operating under the influence in Massachusetts will incur a license suspension of at least 180 days in length. Holders of Commercial Driver’s Licenses will also have to deal with administrative CDL license suspensions and disqualifications.

Criminal penalties are imposed only when the prosecution proves its case beyond a reasonable doubt. Administrative penalties can be imposed even in the absence of a DUI conviction. The severity of criminal DUI punishments, and certain DUI license suspensions, is primarily based upon the number of previous OUI convictions.

Second offenders must complete a 14 day in-patient residential alcohol program, at minimum, and will be required to use the ignition interlock device during the entire length of any DUI hardship license and for a period of 2 years after getting a full license reinstatement. There are absolutely no exceptions to this law.

Because of the Lacey Packer Law, records of DUI convictions are available to the public and being convicted of DUI can have lifelong consequences when it comes to applying for certain jobs or attempting to enter Canada, where even a first offense DUI is a felony.

DUI convictions can also impact a person’s ability to hold or obtain a license to carry firearms and a security clearance.Being convicted of DUI will increase the amount you pay for automobile insurance and it counts as a major violation for the purpose of the Habitual Traffic Offender law. 

The Massachusetts OUI laws contain enhanced license suspension penalties for those who under 21 years of age who are arrested for operating under the influence. These penalties can apply whether or not the driver takes or refuses the breathazlyer.

MA DUI penalties and consequences get progressively more severe, depending on the defendant's age and prior DWI record. The consequences explained herein are the current penalties. However, it is likely that the Massachusetts DUI laws will get even tougher, as they did when Melanie's law was enacted. That law has retroactive effect, which means that what were minor offenses many years ago are used now to subject repeat offenders to substantial penalties and consequences. If new stricter Mass. OUI laws are passed, the office which you plead out today might come back to haunt you in the future in an unexpected way.

A Massachusetts drunk driving conviction can be very costly. Typical DUI costs include the recognizance and towing fees as well as court costs, attorney’s fees, probation fees, the cost of the DUI alcohol program, such as the G.L. c. 90 § 24D program, fines, surcharges, and the like. These fees total thousands of dollars. In addition to the fees listed above, there are hidden costs associated with a DUI conviction, such as substantial automobile insurance increases.

A driver’s record is one of the most significant factors which will increase a driver’s insurance bill. Under the Safe Driver Insurance Plan (SDIP) driving under the influence is considered a major violation and a conviction or guilty plea will result in an increase of 5 surcharge points. Out of state OUI convictions will count the same as Massachusetts DUI convictions. A DUI conviction will increase your insurance rates for the following types of Mass. auto insurance: bodily injuries caused to others (BI), personal injury protection (PIP), and optional collision. In addition to the SDIP, insurance companies can develop their own “merit rating plans,” to penalize driver’s who have been convicted of DUI by increasing their Massachusetts car insurance premiums.

Also, if a person who is injured in a car accident contributed to his or her own injuries by operating a motor vehicle while under the influence of drugs or alcohol, the driver’s insurance company can deny personal injury protection (PIP) benefits.