OUI PENALTIES 

MASSACHUSETTS OUI/DWI LAW

- FIRST OFFENSE

Jail: Not more than 2 1/2 years House of Correction
Fine: $500-$5,000
License suspension: 1 year; work/education hardship considered in 3 months; general hardship in 6 months.

Possible 1st Offense OUI/DWI Plea

Continuance without a Finding (CWOF).
Fines and court fees approx $2500.
Unsupervised probation for one year.
Mandatory participation in alcohol-drug education program paid for by defendant.
License suspended for 45 to 90 days, not including penalty for breath test refusal. License suspension is 210 days for drivers under age 21. Most cases eligible for a hardship license immediately.

- SECOND OFFENSE

Jail: Not less than 60 days (30 days mandatory), not more than 2 1/2 years
Fine: $600-$10,000

License suspension: 2 years; work/education hardship considered in 1 year; general hardship in 18 months. 
If breath test refusal or failure, not eligible for hardship or full license restoration for at least 3 years.
Interlock ignition device installed at defendant's expense for 2 years when eligible for hardship or license reinstatement.

Possible 2nd Offense OUI/DWI Plea

2 years probation
14 day inpatient alcohol treatment  program paid for by the defendant
License suspension: 2 years; work/education hardship considered in 1 year; general hardship in 18 months.
Interlock ignition device installed at defendant's expense for 2 years as a condition of any license reinstatement or hardship license.
If prior offense over 10 years ago, may be eligible for penalties of a first offense. Note: The Registry still treats as a 2nd offender for license reinstatement.

- THIRD OFFENSE

Jail: Felony- Not less than 180 days (150 day mandatory), not more than 5 years State Prison.
May be served in a prison treatment program
Fine $1,000-$15,000
License suspension: 8 years; work/education hardship considered in 2 years; general hardship in 4 years.
Commonwealth may seize vehicle.

- FOURTH OFFENSE

Jail: Felony- Not less than 2 years (1 year minimum mandatory), not more than 5 years.
Fine $1,500-$25,000
License suspension: 10 years; work/education hardship considered in 5 years; general hardship in 8 years.

- FIFTH OFFENSE

Jail: Felony- Not less than 2 1/2 years (24 months minimum mandatory), not more than 5 years.
Fine $2,000-$50,000

License Revoked/Suspended for life, no possibility of a hardship license.