MASSACHUSETTS DUI/ DWI REGULATIONS

In Massachusetts, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Massachusetts automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test.

THE CHEMICAL TEST: (REFUSING TO TAKE IT OR FAILING IT)

• Drivers age 21 and over:

1st offense: license revocation of 180 days.

2nd offense in 3 years: license revocation of 3 years.

3rd offense in 5 years: license revocation of 5 years.

4th and subsequent offenses: lifetime license revocation.

Failing the test: If you fail the chemical test, your license will be suspended for 30 days or until the court case is completed which ever is shorter. Thereafter the court-ordered penalties are enforced. There are added consequences for drivers under 21 years old who fail a chemical test.

• Drivers age 18 to 21:

1st offense: license suspension of 30 days plus 180 days.

2nd offense in 3 years: license suspension of 3 years plus 180 days.

3rd offense in 5 years: license suspension of 5 years plus 180 days.

4th and subsequent offenses: lifetime license revocation.

Failing the test: You must complete a Youth Alcohol Program (YAP)-(see below) and serve an additional 180 days on your license suspension.

• Drivers under age 18:

1st offense: license suspension of 3 years plus 1 year.

2nd offense in 3 years: license suspension of 3 years plus 1 year.

3rd offense in 5 years: license suspension of 5 years plus 1 year.

4th and subsequent offenses: lifetime license revocation.

Failing the test: You must complete a Youth Alcohol Program (YAP)-(see below) and serve an additional 1-year on your license suspension.

NOTE: The MA RMV tacks on additional suspension time in order to get you into an alcohol education program, even though you refused the chemical test (thus refusing to have your BAC on record). The MA RMV is very clear about your requirement to take an alcohol education course, even if you win your case in court.

If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

MASSACHUSETTS DUI/ DWI PENALTIES

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

NOTE: This is an outline of the MA OUI fines and penalties―you might face more or less depending on your specific case. Also, when it comes to OUI and license suspension, the RMV takes into consideration your entire driving history, including prior incidents and alcohol education programs.

(If you use a FALSE ID or license or alter it or use an ID or license belonging to someone else your right to operate in the state or your license may be suspended for 6 months without conviction. If convicted the suspension is for 1 year.)

If you are under 21 years old:

• DRIVERS UNDER 18 YEARS OLD: must attend a Youth Alcohol Program (YAP) and serve an additional suspension period of 1 year.
• DRIVERS BETWEEN 18 AND 21 YEARS OLD: must attend a Youth Alcohol Program (YAP) and serve an additional suspension period of 180 days.
• The license may be suspended or revoked for 30 days after the first conviction, for 90 days after the second conviction, and for a full year following the third or subsequent conviction.
• The court may order a minor’s license to be suspended for 180 days for the first conviction or suspended for one year for a subsequent conviction for any alcohol or drug-related offense (including possession and use) while driving; or a second offense of possessing or using alcohol by some one between 16½ – 18; or for changing or lying on your driver license, or even possessing an open alcoholic beverage container in addition to other penalties. If you fail the chemical test, your license will be suspended for 30 days plus one year- the latter may be reduced to 180 days if you undertake an alcohol education course approved by the Department of Public Health (DPH).
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

VEHICULAR MANSLAUGHTER

If your OUI leads to another person’s death, you face:

• Between 5 years and 20 years in prison.
• Up to a $25,000 fine.
• License revocation for 15 years for a first offense, and
• A lifetime license revocation for a second offense.

Also, your judge might also impose OUI education programs, a substance abuse treatment program, and other related treatment penalties.

MASSACHUSETTS PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)

• Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if there is any detectable amount of alcohol.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

The Federal Motor Carrier Safety Administration (FMCSA) handles all regulations and penalties associated with commercial vehicle drivers throughout the country. Visit the FMCSA’s Disqualification of Drivers for specific information.

MASSACHUSETTS ADMINISTRATIVE ACTIONS AGAINST DUI/DWI

Massachusetts’s laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and over and is driving with BAC 0.08% or more.
• The driver is under age 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Massachusetts driver license immediately with a suspension notice effective immediately, along with a Massachusetts Summons, or warrant, if applicable; and send the entire set to the Registrar. The driver is entitled to an administrative hearing within 15 days of the notice of suspension. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous driving record. If the driver has any alcohol related convictions or suspensions for this period, their license would be suspended or revoked. You may be eligible to drive using the Hardship License for 12 hours a day, if you meet the reinstatement requirements. The suspension or revocation after the final order of the hearing officer is mailed from the RMV. If the administrative hearing goes against the driver, they can ask for a review from the district court within 30 days. They will, however, have to serve the suspension/revocation until the district court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

MASSACHUSETTS LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the RMV, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the alcohol education course approved by the Department of Public Health (DPH) or a comparable program (you will have to provide discharge summary to the RMV once you have completed the program), pay the reinstatement fee of $50 to $1,200 as applicable, and maintain proof of financial responsibility (SR-22), if required.
• If you are being convicted, the Hearings Officer may order an ignition interlock device to be placed for breathalyzer tests for 2 years on any vehicle you drive if you are eligible for reinstatement of your license even if you have installed it in the period of the Hardship license.
• You may need to appear for a Hearing to reinstate your license. These are held on a walk in basis at the following locations from 8:30am to 4:45pm at:

Full Time Hearings Locations: (Monday to Friday, with the exception of holidays) Boston, Brockton, Lowell, Lawrence, Springfield and Worcester.

Part Time Hearings Locations: Beverly (Wednesday), New Bedford (Tuesday, Wednesday), North Attleboro (Wednesday, Thursday, Friday), South Yarmouth (Monday, Tuesday) and Wilmington (Tuesday, Wednesday).

For more details on reinstatement, call the Suspensions Department at (617) 351-7200 and check the Suspension Hearing Sites and Schedules for a location nearest you.

ADDITIONAL MASSACHUSETTS DRUG AND ALCOHOL CRIMES AND PENALTIES

OPEN CONTAINER LAW:

If there is an open container of alcohol anywhere in the vehicle, no matter who is holding it, you face a $100 to $500 fine. Those under 21 may also be arrested and your license may be suspended for this offense.

OTHER MEDICATIONS AND DRUGS:

You can also expect an officer to pull you over if any prescription, illegal drug, or over-the-counter medication is affecting your ability to drive. Depending on factors specific to your case, you could face an OUI conviction just as you would for drunk driving.

Furthermore, the state will revoke your learner’s permit or driver’s license for any drug conviction. Revocation periods vary between 1 year and 5 years.

OUI ALCOHOL EDUCATION PROGRAM:

Some OUI offenders will be required to enroll in an alcohol education program, and sometimes the program helps reduce the suspension period.

For example, if you are:

• Younger than 21 years old, you may reduce your suspension to 210 days.
• 21 years old or older, you might get your suspension to 45 days to 90 days.

Courts provide specific information about these OUI schools, which vary in name from Youth Alcohol Program (YAP) to Driver Alcohol Education Program (DAEP).

IGNITION INTERLOCK DEVICE:

Among other things, Melanie’s Law (see below) brought a state-managed ignition interlock device (IID) program for drivers eligible for hardship licenses (see below) and license reinstatement.

A few quick facts about IIDs:

• IIDs come at the driver’s expense.
• You must have an IID on all vehicles you own, lease, or operate.
• All second and subsequent OUI offenders need IIDs.
• You need an IID if you’re eligible for a hardship license or license reinstatement, and you must keep the IID for the duration of the hardship license and for 2 years after license reinstatement.
• When a multiple offender has an IID installed, that driver gets a Z restriction on his license. This restriction stands for “Zero Tolerance,” meaning he can’t drive with any measurable amount of alcohol in his system.
• A vehicle with an IID won’t start if the driver’s breath has a reading of 0.02% BAC or greater.
• The IID vendor will upload and transfer data to the MA RMV. Please visit the state’s list of approved ignition interlock device vendors to find one.
• You face license revocation if you don’t comply with IID laws.
• See the state’s Ignition Interlock Device Brochure to learn more about MA IIDs, including additional requirements of you and the vendor.

MELANIE’S LAW PENALTIES:

The IID regulations are just the beginning―Melanie’s Law brought about additional OUI-related charges and penalties.

OUI WITH A SUSPENDED LICENSE:

If you’re caught operating under the influence and you already have a suspended license, you are charged with both crimes at the same time. You will receive OUI penalties (see above) as well as penalties for driving with a suspended license.

OUI AND CHILD ENDANGERMENT:

If you’re caught operating under the influence with a child passenger who’s 14 years old or younger, you’re charged with OUI and child endangerment at the same time and face the following penalties:

• 1st Offense: A fine of $1,000 to $5,000; imprisonment in a house of correction between 90 days and 2½ years; license suspension for 1 year.
• 2nd and Subsequent Offenses: A fine of $5,000 to $10,000; imprisonment in a house of correction between 6 months and 2½ years or a state prison between 3 years and 5 years; license suspension for 3 years.

APPLYING FOR A HARDSHIP LICENSE:

Some MA drivers who’ve committed certain OUI- and other drug- or alcohol-related offenses are eligible for hardship licenses. Some examples of hardship license criteria include:

• No evidence of any vehicle operation since the revocation.
• Completion of all suspension and revocation requirements.
• Serving the minimum amount of suspension/revocation time before applying for a hardship license.
• Completion of any required alcohol education programs.
• Documentation or proof of genuine hardship.

The MA RMV provides the following hardship license applications:

• Operating Under the Influence of Alcohol or Drugs (Form 20871).
• First Offense Alcohol or Drug Program (Form 21566).
• Drug Conviction (Form 20872).
• Habitual Offender (Form 20873).