Keep abreast. Keep informed. Here are some excerpts from the
actual code of the State of Massachusetts. By knowing the law,
you can know your rights.
Note: These excerpts are for informational purposes only. Please
consult your Massachusetts OUI Lawyer for legal advice if you
are facing issues with the OUI law in Massachusetts.
MOTOR VEHICLES
Chapter 90: Section 21 Arrest without warrant
Section 21. Any officer authorized to make arrests may arrest
without a warrant and keep in custody for not more than twenty-four
hours, unless a Saturday, Sunday or a legal holiday intervenes,
any person who, while operating a motor vehicle on any way, as
defined in section one, violates the provisions of the first paragraph
of section ten of chapter ninety. Any arrest made pursuant to
this paragraph shall be deemed an arrest for the criminal offense
or offenses involved and not for any civil motor vehicle infraction
arising out of the same incident.
Any officer authorized to make arrests, provided such officer
is in uniform or conspicuously displaying his badge of office,
may arrest without a warrant and keep in custody for not more
than twenty-four hours, unless Saturday, Sunday or legal holiday
intervenes, any person, regardless of whether or not such person
has in his possession a license to operate motor vehicles issued
by the registrar, if such person upon any way or in any place
to which the public has the right of access, or upon any way or
in any place to which members of the public have access as invitees,
operates a motor vehicle after his license or right to operate
motor vehicles in this state has been suspended or revoked by
the registrar, or whoever upon any way or place to which the public
has the right of access, or upon any way or in any place to which
members of the public have access as invitees, or who the officer
has probable cause to believe has operated or is operating a motor
vehicle while under the influence of intoxicating liquor, marihuana
or narcotic drugs, or depressant or stimulant substances, all
as defined in section one of chapter ninety-four C, or under the
influence of the vapors of glue, carbon tetrachloride, acetone,
ethylene, dichloride, toluene, chloroform, xylene or any combination
thereof, or whoever uses a motor vehicle without authority knowing
that such use is unauthorized, or any person who, while operating
or in charge of a motor vehicle, violates the provisions of section
twenty-five of chapter ninety, or whoever operates a motor vehicle
upon any way or in any place to which members of the public have
a right of access as invitees or licensees and without stopping
and making known his name, residence and the register number of
his motor vehicle goes away after knowingly colliding with or
otherwise causing injury to any person.
Any person who is arrested pursuant to this section shall, at
or before the expiration of the time period prescribed, be brought
before the appropriate district court and proceeded against according
to the law in criminal or juvenile cases, as the case may be,
provided, however, that any violation otherwise cognizable as
a civil infraction shall retain its character as, and be treated
as, a civil infraction notwithstanding that the violator is arrested
pursuant to this section for a criminal offense in conjunction
with said civil infraction.
An investigator or examiner appointed under section twenty-nine
may arrest without a warrant, keep in custody for a like period,
bring before a magistrate and proceed against in like manner,
any person operating a motor vehicle while under the influence
of intoxicating liquor or marihuana, narcotic drugs, depressants
or stimulant substances, all as defined in section one of chapter
ninety-four C, irrespective of his possession of a license to
operate motor vehicles issued by the registrar.
[ Second paragraph of subsection (1)(a)(1) effective until June 30,
2003. For text effective June 30, 2003, see below.]
There shall be an assessment of $125 against a person who, by
a court of the commonwealth, is convicted of, is placed on probation
for, or is granted a continuance without a finding for or otherwise
pleads guilty to or admits to a finding of sufficient facts of
operating a motor vehicle while under the influence of intoxicating
liquor, marijuana, narcotic drugs, depressants or stimulant substances
pursuant to the provisions of this section; provided, however,
that moneys collected pursuant to said assessment shall be deposited
by the court with the treasurer into the Head Injury Treatment
Services Trust Fund established by section 59 of chapter 10. In
the discretion of the court, an assessment pursuant to this paragraph
may be reduced or waived only upon a written finding of fact that
such payment would cause the person against whom the assessment
is imposed severe financial hardship. Such a finding shall be
made independently of a finding of indigency for purposes of appointing
counsel. If the person is sentenced to a correctional facility
in the commonwealth and the assessment has not been paid, the
court shall note the assessment on the mittimus.
[ Second paragraph of subsection (1)(a)(1) as amended by 2003,
28, Sec. 2 effective June 30, 2003 until July 1, 2003 . For text
effective until June 30, 2003, see above. For text effective July
1, 2003, see below.]
There shall be an assessment of $250 against a person who, by
a court of the commonwealth, is convicted of, is placed on probation
for, or is granted a continuance without a finding for or otherwise
pleads guilty to or admits to a finding of sufficient facts of
operating a motor vehicle while under the influence of intoxicating
liquor, marijuana, narcotic drugs, depressants or stimulant substances
pursuant to the provisions of this section; provided, however,
that moneys collected pursuant to said assessment shall be deposited
by the court with the treasurer into the Head Injury Treatment
Services Trust Fund established by section 59 of chapter 10. In
the discretion of the court, an assessment pursuant to this paragraph
may be reduced or waived only upon a written finding of fact that
such payment would cause the person against whom the assessment
is imposed severe financial hardship. Such a finding shall be
made independently of a finding of indigency for purposes of appointing
counsel. If the person is sentenced to a correctional facility
in the commonwealth and the assessment has not been paid, the
court shall note the assessment on the mittimus.
[ Second paragraph of subsection (1)(a)(1) as amended by 2003,
26, Sec. 228 effective July 1, 2003. See 2003, 26, Sec. 715 For
text effective until July 1, 2003, see above.]
There shall be an assessment of $250 against a person who, by
a court of the commonwealth, is convicted of, is placed on probation
for, or is granted a continuance without a finding for or otherwise
pleads guilty to or admits to a finding of sufficient facts of
operating a motor vehicle while under the influence of intoxicating
liquor, marijuana, narcotic drugs, depressants or stimulant substances
under this section; but $125 of the $250 collected under this
assessment shall be deposited by the court with the state treasurer
into the Head Injury Treatment Services Trust Fund, and the remaining
amount of the assessment shall be credited to the General Fund.
In the discretion of the court, an assessment under this paragraph
may be reduced or waived only upon a written finding of fact that
such payment would cause the person against whom the assessment
is imposed severe financial hardship. Such a finding shall be
made independently of a finding of indigency for purposes of appointing
counsel. If the person is sentenced to a correctional facility
in the commonwealth and the assessment has not been paid, the
court shall note the assessment on the mittimus.
CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT
ARTICLE VEHICLES.
Chapter 90: Section 24D Probation of persons convicted of driving
under the influence; driver alcohol education program; alcohol
treatment and rehabilitation programs; fees; indigents; gifts
and grants; report
[ First paragraph effective until June 30, 2003. For text effective
June 30, 2003, see next page.]
Section 24D. Any person convicted of or charged with operating
a motor vehicle while under the influence of intoxicating liquor,
may if such person consents, be placed on probation for not more
than two years and shall, as a condition of probation, be assigned
to a driver alcohol education program as provided herein and,
if deemed necessary by the court, to an alcohol treatment or rehabilitation
program or to both, and such person's license or right to operate
shall be suspended for a period of no less than forty-five nor
more than ninety days; provided, however, that if such person
was under the age of twenty-one when the offense was committed,
the person's license or right to operate shall be suspended for
two hundred and ten days, and such person shall be assigned to
a program specifically designed by the department of public health
for the education and treatment of underage drinking drivers.
Such order of probation shall be in addition to any penalties
imposed as provided in subparagraph (1) of paragraph (a) of subdivision
(1) of section twenty-four and shall be in addition to any requirements
imposed as a condition for any suspension of sentence. Said person
shall cooperate in an investigation conducted by the probation
staff of the court for supervision of cases of operating under
the influence of intoxicating liquor in such manner as the commissioner
of probation shall determine. A defendant not otherwise prohibited
by this section, upon conviction after a trial on the merits,
shall be presumed to be an appropriate candidate for the above
mentioned programs; provided, however, that a judge who deems
that the defendant is not a suitable candidate for said programs
shall make such findings in writing.
CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT
MOTOR VEHICLES
Chapter 90: Section 24I Possession of alcoholic beverages in motor
vehicles
Section 24I. (a) As used in this section, the following words
shall have the following meanings:
"Open container'', any bottle, can or other receptacle used
to contain a liquid that has been opened or has a broken seal,
or the contents of which have been partially removed or consumed.
"Passenger area'', the area designed to seat the driver
and passengers while the motor vehicle is in operation and any
area that is readily accessible to the driver or a passenger while
in a seated position including, but not limited to, the glove
compartment. But in a motor vehicle that is not equipped with
a trunk, the passenger area shall not include a locked glove compartment,
the area behind the last upright seat, or an area not normally
occupied by the driver or a passenger.
(b) Whoever, upon any way or in any place to which the public
has a right of access, or upon any way or in any place to which
members of the public have access as invitees or licensees, possesses
an open container of alcoholic beverage in the passenger area
of any motor vehicle shall be punished by a fine of not less than
$100 nor more than $500.
(c) This section shall not apply to (1) the passengers of a motor
vehicle designed, maintained and used for the transportation of
persons for compensation, or (2) the living quarters of a house
coach or house trailer.
(d) Notwithstanding this section, the driver of any motor vehicle,
including but not limited to a house coach or house trailer, shall
not possess an open container of alcoholic beverage.
Chapter 28 of the Acts of 2003
AN ACT TO PROTECT FEDERAL TRANSPORTATION FUNDING AND STRENGTHEN
DRUNK DRIVING LAWS.
Whereas , The deferred operation of this act would tend to defeat
its purpose, which is to avoid loss of life and the loss of federal
highway aid funds pursuant to the Federal Transportation Equity
Act, 23 U.S.C. section 163, therefore it is hereby declared to
be an emergency law, necessary for the immediate preservation
of the public safety.<_Ò>>
Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 24 of chapter 90 of the General Laws, as appearing
in the 2000 Official Edition, is hereby amended by inserting after
the word "vehicle", in line 4, the following words:-
with a percentage, by weight, of alcohol in their blood of eight
one-hundredths or greater, or.
SECTION 2. Said section 24 of said chapter 90, as so appearing,
is hereby further amended by striking out, in line 10, the figure
"$125" and inserting in place thereof the following:-
$250.
SECTION 3. Paragraph (e) of subdivision (1) of said section 24
of said chapter 90, as so appearing, is hereby amended by striking
out the third sentence.
SECTION 4. Said section 24 of said chapter 90, as so appearing,
is hereby amended by striking out in lines 485 to 488, inclusive,
the words "; and if such evidence is that such percentage
was eight one-hundredths or more, there shall be a permissible
inference that such defendant was under the influence of intoxicating
liquor".
