What are the Massachusetts DUI Laws?

Drinking and Driving Laws in Massachusetts

In the State of Massachusetts it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. The .08 percentage limit for adults is the standard measurement of the "impaired" driver across the United States. In Massachusetts, a DUI is called an OUI, or "Operating Under the "Influence". Massachusetts also has what is known as "Melanie's Law". This law was enacted in 2005 and increases the penalties to the drunk driving law in Massachusetts.


1st DUI Offense
Jail – Up to 30 Months
Fine – From $500 to $5,000
Fine – $250 Assessment
Fine - $50 DUI Victim Trust Fund
License Suspension – 1 Year
Court Assigned Treatment Program


2nd DUI Offense
Jail – From 30 Days to 30 Months
Fine – From $600 to $10,000
License Suspension – 2 Years
Hardship License – Eligible after 1 Year
Ignition Interlock Device Required


3rd DUI Offense
Jail – From 150 Days to 5 Years
Fine – From $1,000 to $15,000
License Suspension – 8 Years
Hardship License – Eligible after 2 Years
Ignition Interlock Device Required


4th DUI Offense
Jail – From 1 to 5 Years
Fine – From $1,500 to $25,000
License Suspension – 10 Years
Hardship License – Eligible after 5 Years
Ignition Interlock Device Required


5th DUI Offense
Fifth Drunk Driving Conviction
Jail – From 2 to 5 Years
Fine – From $2,000 to $50,000
License Suspension – Permanent