DUI Sentencing           

Since the passage of Melanie’s law in 2004, Massachusetts has had one of the toughest drunk driving laws in the nation.  However, a competent criminal defense attorney may be able to secure an alternative disposition which is preferable.

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First Offense Penalty

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

Alternative Disposition (1st Offense OUI)

• Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea.
• Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance.
• Unsupervised probation for one year.
• Mandatory participation in 16 week (1 hour) alcolol-drug education (DAE) program paid for by defendant.
• License suspended for 45 to 90 days (not including any penalty for breath test refusal)
• License suspension is 210 days for drivers under age 21.
• You are eligible for a hardship license right away, in most cases.

Massachusetts OUI Law - Second Offense Penalty

Alternative Disposition (2nd Offense OUI)

• 2 years probation
• 14 day confined (inpatient) alcohol treatment program paid for by the defendant
• License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months.
• As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license).
• If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement.

Massachusetts OUI/DWI Law - Third Offense (3rd) Penalties

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

Massachusetts OUI Law - Fourth Offense (4th) Penalties

• Jail: 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.

Massachusetts OUI/DUI Law -  Fifth Offense (5th) Penalties

• Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status)
• Fine $2,000-$50,000
• License Revoked/Suspended for life, no possibility of a hardship license.