After an arrest for OUI / drunk driving, in addition to facing license suspension from the Registry of Motor Vehicles, you also face criminal penalties.  It is extremely important that you consult an experienced OUI attorney such as Allison MacLellan immediately after your arrest so that we can preserve evidence and begin to prepare your defense.

Below is a listing of the potential criminal penalties you face if you are convicted of an OUI in Massachusetts.

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


  • Jail: Up to 2.5 years;                     OR
  • 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


  • Jail: 60 days (mandatory minimum served 30 days) – 2.5 yrs;  AND
  • 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.)


  • Incarceration: 180 days Jail (mandatory minimum of 150 days served) – Up to 5 yrs in State Prison; AND
  • 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


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

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


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


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