This summary covers the judicial penalties for the criminal offense of operating a motor vehicle under the influence of alcohol (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 certifications, etc. These non-judicial or economic penalties are not addressed in this Summary.

An OUI conviction, guilty plea or admission to sufficient facts (CWOF) 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's 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

An alcohol content reading of .08 is the level where the fact finder may infer intoxication for persons who are age 21 and older and accused of violating Mass.Gen.L. Ch 90, § 24. The prosecutor, however, must be able to prove that the test administered was a valid test. It is important to note that unlike other states there is no "presumption" that a tested individual is under the influence. This standard makes it more difficult to prove someone guilty beyond a reasonable doubt.

SUBSEQUENT OFFENDER STATUS

Effective November 28th, 2002, "Repeat offender" status for OUI cases is determined in Massachusetts based upon a lifetime "lookback" period. This has a dramatic affect on everyone now charged with a drunk driving offense for the obvious reason that they follow you for the rest of your life.

Remember that a judge can review your ENTIRE record for the purposes of:

1. increasing your punishment (up to the maximum penalties set by law) over that which he/she would give another person with no prior record;
   
2. 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 at trial, especially prior OUI convictions is extremely rare.

The counting of "first," "second," etc., relates to which offense this is within your lifetime. This determines minimum punishment that must be assessed if a guilty verdict or plea is entered. Review Penalties in the next column.

SPECIAL NOTE FOR ANY CONVICTION OF OUI, PLEA OF GUILTY OR ADMISSION TO SUFFICIENT FACTS:

The sentencing court has broad powers at sentencing concerning 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.

FIRST OFFENSE

• Incarceration: Not more than 2 ½ years House of Correction
• Fine: $500-$5,000
• License suspended for 1 year, work/education hardship considered in 3 months, general hardship in 6 months

Alternative disposition

• Probation with mandatory participation in alcohol-drug education program paid for by defendant
• License suspended for 45 to 90 days (210 days for drivers under age 21)
• Available for 2nd offenses within 6-10 year time frame upon finding by court. NOTE: 2 year loss of license is mandatory, however

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 6 months, general hardship in 1 year.

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 6 months, general hardship in 1 year

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

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

FIFTH OFFENSE

• Incarceration: Not less than 2 ½ years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
• Fine $2,000-$50,000
• License for life, no possibility of hardship

LICENSE REINSTATEMENT FEES

• First Offense $300.00
• Second Offense $500.00
• Third Offense $1,000.00
• Refusal/Failure - Breath Test $50.00