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OUI Offense Information
In Massachusetts, an arrest for Operating Under the Influence (OUI) has the potential to adversely affect all aspects of an individual’s life. The laws and penalties pertaining to OUI arrests in Massachusetts were recently strengthened with the passage of Melanie’s Law in 2004. First OffenseIf arrested for OUI as a first offense the penalties include a fine ranging from between $500-$5,000, suspension of driving privileges for up to 1-year, and the possibility of jail time up to 2½ years. Sentences can be reduced if the driver completes an approved alcohol education program (DAEP). Second OffenseA second offense OUI carries a mandatory 30-day minimum stay in jail, fines ranging to $10,000, and a 2-year loss of the driver’s license. As of January 2006, an ‘ignition interlock device’ must be installed on any vehicle which the driver has access, including an employer’s, at the driver’s cost for anyone convicted of a 2nd OUI offense. The device is required for a minimum of two years beyond the license suspension. Third OffenseThird and subsequent arrests for OUI are a felony. In addition to fines of $1,000-$15,000, there is a mandatory sentence of 150 days in jail with the possibility of up to 5 years in state prison. Driving privileges are revoked for 8 years, with a possible hardship license granted in 2 – 4 years. Fourth OffenseShould a driver be convicted of a fourth offense OUI, the fine climbs to $1,500-$25,000 and the jail sentence will be no less than 1 year in jail or more than 5 years in prison. Driving privileges are suspended for a period of 10-years; hardship consideration after five for work or school. The District Attorney can petition for to have the driver’s vehicle forfeited for a 4th or more offense. Fifth Offense and BeyondConviction of a fifth offense will result in the lifetime loss of a driver’s license. Fines of $20,000 to $50,000 and a prison sentence of 2-5 years are routinely applied. As driving privileges for a 5th conviction are revoked for life, for any additional OUI arrest the driver is charged with both Operating Under the Influence and Operating After Suspension for Drunk Driving. A 1-year mandatory jail sentence is in addition to any OUI sentencing. .
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