In Massachusetts if you are found with a blood alcohol concentration of .08, you will be arrested for an OUI or Operating Under the Influence charge. Commercial drivers and drivers under the age of 21 will face even stricter BAC requirements and limits. If you are found operating under the influence, you will face some very strict punishments and penalties that will not only affect your wallet, but also your freedom.
First OUI Offense
If you are arrested for OUI/DUI for the first time in the State of Massachusetts, you will lose your license for a period of 1 year and will face up to 2 and ½ years in prison, as well as a hefty fine of $500 to $5000. If you had a child under the age of 14 in your car, you will have penalties added to your sentence, including more prison time and more license suspension time.
Second OUI Offense
A second OUI within five years will result in stricter penalties, including losing your license for 2 years. You may reapply for a “hardship” license after a period of one year, but you will most likely have to have an ignition interlock device installed before reinstatement. Jail time of up to 2 -1/2 years will be required, as well as fines of anywhere from $600 to $10,000, depending upon the aggravating factors that are part of your arrest. If you had a child under the age of 14 with you in the car when you were arrested for OUI, you will be facing Child Endangerment charges as well, which will increase your sentence exponentially.
Third OUI Offense
A third OUI within 5 years of the other two will mean some very strict sentencing. You will first have your driver’s license suspended for up to 8 years, which will be very difficult on you and on others as you try to get to work and to other places. Jail time will range from 150 days to 2-1/2 years and you will be facing fines of anywhere from $1000 to $15,000. Just as with the other OUI offenses, if you are found driving with a child under the age of 14, you will face additional fees and time period onto the above sentence, which can affect your life far into the future.
Fourth OUI Offense
A fourth OUI offense will result in a license suspension for a period of ten years and you will be put in jail for a period of 1 to 3 years. This is a long time for your freedom to be restricted. Fines will be from $1500 to $25,000, depending upon the costs, fees, and fines that are assessed for your sentencing. Child Endangerment charges can be added to the above if you are found to be driving with a child under the age of 14 in the car when you were arrested.
Fifth OUI Offense
A fifth OUI offense will mean that you lose your license for the rest of your life and you will be sentenced to anywhere from 2 to 5 years in jail. As far as fines that are associated with the fifth OUI, you will be looking at $2000 to $50,000 in fines, which can cripple you financially.
Massachusetts takes driving under the influence very seriously and if you choose to drive your car when you are under the influence, you will be facing these consequences. By getting a lawyer you can help yourself to be able to make it through the process. If you do not want your freedom and finances to be limited and decreased significantly, the best answer is to refrain from operating your car under the influence.