In Massachusetts, intoxicated driving charges are covered under Massachusetts General Law Chapter 90, Section 24. In short, the law states that any person who operates a vehicle with a blood alcohol content of more than .08% will be charged with drunk driving. Blood alcohol content may be tested using a chemical test: blood, breath, or urine.

The law also includes those who are suspected of driving while under the influence of the following drugs:

• Marijuana
• Narcotic drugs
• Depressants
• Stimulants

If the arresting officer is not a certified Drug Recognition Expert (DRE), it may be difficult for the prosecution to prove the suspect's impairment to a court.

Penalties for Violating MGL c.90 s.24

Those who violate Massachusetts' OUI law may incur serious penalties upon a conviction.

First Offense

• Fines between $500-$5,000
• Imprisonment for up to 2 ½ years
• $250 Assessment Fee
• License suspension for a year
• Treatment Program

Second Offense

• Fines between $600-$10,000
• Imprisonment for 30 days to 2 ½ years
• License suspension for 2 years
• Treatment Program
• Installation of an Ignition Interlock Device (IID)

Third Offense

• Fines between $1,500-$25,000
• Imprisonment for 150 days-5 years
• License suspension for 8 years
• Treatment Program
• Installation of an Ignition Interlock Device

Fourth Offense

• Fines between $1,500 and $25,000
• Imprisonment for 1-5 years
• License suspension for 10 years
• Treatment Program
• Installation of an Ignition Interlock Device

Penalties for any subsequent violations will result in permanent license suspension, and huge fines. It is also important to note that a refusal of a chemical test will result in an automatic license suspension.

Contact Russell Defense Firm

Have more questions about your charges under MGL c.90 s.24? Get in touch with a Brighton criminal defense attorney that understands how to defend your charges! Russell Defense Firm have successfully handled a number of OUI cases, and will be able to take on yours as well. Contact the firm today by calling or filing out a case evaluation form. Russell Defense Firm proudly serves the entire Boston metro area!