This summary covers the judicial penalties for the criminal offense
of OUI. Many other non-judicial penalties will inevitably follow
an admission to sufficient facts plea, guilty plea, or conviction.
These can include increased insurance cost (or cancellation of
coverage), inability to rent cars, job barriers, possible loss
of profession credentials or certifications, etc. These non-judicial
or economic penalties are not addressed in this Summary.
An OUI conviction plea of 'guilty" or admission to sufficient
facts will be a permanent part of your driving record. It does
not "come off" your record after 5 years…it never
comes off your record. Moreover, a conviction, guilty plea or
admission to sufficient facts plea is reported to the Massachusetts
Registry of Motor Vehicles, which in turn, reports it to the National
Driver's License Registry. These computer records are accessible
to driver's licensing agencies nationwide.
Any non-resident driver's home state driver's license agency
(RMV, DMV, DPS, etc.) will in all likelihood receive a notice
from the Massachusetts Registry of Motor Vehicles if any license
suspension or case disposition (conviction or admission to sufficient
facts) occurs in Massachusetts and the non-resident license is
involved. In almost all cases an admission to sufficient facts
plea, guilty plea or guilty verdict in a criminal case for OUI
in the state of Massachusetts will cause a suspension to occur
in the non-resident's home state. A "not guilty" or
other non-OUI disposition of the case will prevent such consequences.
BLOOD ALCOHOL CONTENT
Massachusetts recently became a "per se" state. This
means that if your breath or blood are tested and the result is
.08 or above, you will be found guilty if and only if the judge
or jury believes the test was conducted properly and the reading
was accurate. There are many reasons why the test may not be used
against you. This may be as a result of poor record keeping by
the police, machine malfunction or an improperly administered
test. The are also medical and environmental reasons why the test
may be . It is important to get legal advise from a lawyer who
specializes in drunk driving defense before admitting to anything.
SUBSEQUENT OFFENDER STATUS
"Repeat offender" status for OUI cases is determined
in Massachusetts based upon a lifetime "lookback" period.
This status is used for purposes of increased mandatory minimum
punishment. The last sheet of this summary is a GRID which sets
out in a handy chart the MANDATORY MINIMUM punishment for OUI
cases.
A bad record can come back to haunt a person facing a current
OUI charge. Remember that a judge can review your ENTIRE record
for the purposes of:
increasing your punishment (up to the maximum penalties set by
law) over that which he/she would give another person with no
prior record;
allowing the prosecutor (in some instances, after notice and a
pre-trial hearing) to introduce evidence of prior instances where
you were convicted of crimes, although it is extremely unlikely
that a prior OUI charge will be used. The prosecutor may attempt
to bring in evidence from any case, even those older than 5 years.
This type of evidence can be used as "impeachment" evidence
if and only if the accused takes the stand in his/her own defense.
Use of prior convictions especially prior OUI convictions is extremely
rare:
SPECIAL NOTE FOR ANY CONVICTION OF OUI, PLEA OF GUILTY OR ADMISSION
TO SUFFICIENT FACTS:
The sentencing court has broad powers at sentencing insofar as
whether to probation conditions. Furthermore, if probation is
granted ( in lieu of jail time), the conditions of probation can
be extremely onerous and restrictive. Moreover, all jurisdictions
charge monthly "supervision" fees so that the person
pays for his/her probationary sentence. The length of probation
is optional with the judge.
PENALTIES
Alert!!! Melanie’s Law took effect on October 28. It increased refusal periods, increased waiting periods for hardship licenses and requires an ignition interlock device for reinstatement for ALL SUBSEQUENT OFFENDERS. Changes are outlined below in red.
All license losses on a case are added to each other
If you are found not guilty or the case is dismissed, there is a presumption that your license will be reinstated for the rest of the refusal suspension period
WARNING. The following penalties list license losses for each offense. In some cases, an experienced OUI/DWI/DUI lawyer may be successful in reducing the offense level you are charged with (such as a third offense reduced to a second offense). Regardless of the reduction or the sentence, the Registry of Motor Vehicles will suspend your license based upon their records, which may include out of state offenses.
FIRST OFFENSE ADULT
Incarceration: Not more than 2 ½ years House of Correction
Fine: $500-$5,000
License suspended for 1 year, work/education hardship considered in 6 months, general hardship in 6 months
Alternative disposition which is given in 99.9% of the cases
1 year Probation with mandatory participation in alcohol-drug education program paid for by the client
License suspended for 45 to 90 days (210 days for drivers under age 21) A hardship license is usually available upon completion of an intake for the first offenders program. This sentence is also available for 2nd offenses if there is only 1 other prior offense and the conviction or plea on that offense occurred more than 10 years prior to the date of the arrest
UNDER 21
The minimum loss is 210 days, run on/after the above suspensions. The 2nd 180 day suspension is waived if the defendant enters the program. Net result is 390 days if they enter a program.
The operator can get the first 180 days cleared if they get an order from the court. They still must serve the 2nd 180 days unless they enter a program.
SECOND OFFENSE
Incarceration: Not less than 60 days (30 day mandatory), not more then 2 ½ years
Fine: $600-$10,000
License suspended for 2 years, work/education hardship considered in 1 year, general hardship in 18 months
A condition of any hardship license is the installation of an ignition interlock device for at least 2 years. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
Alternative disposition
2 years probation
14 day confined treatment program paid for by the defendant
License suspended for two years, work/education hardship considered in 1 year, general hardship in 18 months
A condition of any hardship license is the installation of an ignition interlock device for at least 2 years. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
THIRD OFFENSE
Incarceration: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (Felony status)
May be served in a correctional facility treatment programs
Fine $1,000-$15,000
License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years
A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
FOURTH OFFENSE
Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years (Felony status)
Fine $1,500-$25,000
License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years
A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
FIFTH OFFENSE
Incarceration: Not less than 2 ½ years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
