If you have been arrested for Operating Under the Influence, (OUI), in Massachusetts, you need to speak to experienced Massachusetts OUI defense attorney Allison MacLellan immediately after your arrest so that we can preserve evidence and begin to prepare your defense.

There are serious implications as a result of being arrested for drunk driving in Massachusetts, whether it’s your first OUI or you have priors.  You will be faced with immediate license loss from the Registry of Motor Vehicles as well as additional criminal sanctions if you are convicted.

In addition, if you hold a Commercial Driver’s License, (CDL), the license suspensions are stricter.  If you were driving a Commercial vehicle at the time you were pulled over, the BAC limit is reduced from .08 to .04.

If it is your first OUI, you may be eligible for the First Offender’s Program under M.G.L. c. 90 s. 24D, or the “24D program”.  Under this program you may be eligible to receive a Hardship License, or “Cindarella license” three (3) days after the disposition of your case.

Below are the Potential Penalties for Drunk Driving Convictions in Massachusetts:

FOR PERSONS OVER 21 YEARS OLD: (Separate penalties for those under 21 years old)

FIRST OUI: MISDEMEANOR

  • Jail: Up to 2.5 years;
  • Fine: $500-$5,000;
  • Or Both

PLUS:  $250 Fee that goes to the Head Injury Fund, $50 Fee to Victim Witness

LICENSE LOSS: 1 yr – Hardship license for work or education may be considered after 3 months, general hardship after 6 months.  This is in addition to and subsequent to any RMV suspensions.

Possible Alternative “24D” Disposition:  This Alternative to the statutory penalties is available to first time offenders under M.G.L. c. 90 s 24.  A “24D” disposition may also be available to second offenders whose first OUI disposition was more than ten (10) years ago.

  • Probation equal to or less than 2 years;
  • Alcohol Education Program – mandatory and paid for by the defendant;
  • Fees: $250 Head Injury Fee; $50 Victim Witness Fee; $250 24D program fee

LICENSE LOSS: 45 days, hardship considered three (3) days after plea entered

SECOND OUI: MISDEMEANOR

  • Jail: 60 days (mandatory minimum served 30 days) – 2.5 yrs;
  • Fine: $600-$10k
  • Fees: $250 Head Injury Fee
  • Potential Alternative Disposition: 2 yrs probation

LICENSE LOSS: 2 yrs, work/education hardship eligible in 1 yr, general hardship eligible in 18 months, reinstatement fee $700, Mandatory Ignition Interlock installation: (Will not start with BAC .02 or higher.  Can not be installed in commercial vehicle for CDL license.)

THIRD OUI: FELONY

  • Incarceration: 180 days Jail (mandatory minimum of 150 days served) – Up to 5 yrs in State Prison;
  • Fine: $1k-$15k

LICENSE LOSS: 8 yrs, work/education hardship eligible in 2 yrs, general hardship eligible in 4 yrs, reinstatement fee $1,200, Interlock installation

FOURTH OUI: FELONY

  • Incarceration: 2 yrs Jail (mandatory minimum of 1 yr served)  – Up to 5 yrs in State Prison;
  • Fine: $1,500-$25k

LICENSE LOSS: 10 yrs, work/education hardship eligible in 5 yrs, general hardship eligible in 8 yrs, Interlock installation

FIFTH OUI: FELONY

  • Incarceration: 2.5 yrs Jail (mandatory minimum of 2 yrs served)  – Up to 5 yrs in State Prison;
  • Fine: $2K-$50k

LICENSE LOSS: LIFETIME

If you have been arrested for OUI / drunk driving in Massachusetts, you need legal advice.  MacLellan Law Firm handles OUI cases all over Massachusetts, including Dorchester, Quincy, South Boston, Braintree, Dedham and on the north and south shores.

Call for a free consultation: 617-980-5999.