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What are the consequences of my OUI?

The general consequences of a DUI depend upon your prior convictions and the specific facts of your case. The loss of license is in addition to any loss suspension or revocation for a chemical test refusal.

First Offense

  • Incarceration not more than 2 ½ years in a house of correction
  • Fine $500.00 to $5,0000.00
  • License suspended for 1 year, work or education hardship considered after 6 months, general hardship considered in 9 months

Alternative Disposition

  • 1 year probation with mandatory drug and alcohol education program
  • License suspended for 45 to 90 days, or 210 days for persons under the age of 21 at time of driving
  • Eligible for hardship license upon completion of evaluation by Licensed Alcohol Drug Addiction Counselor and enrollment in drug or alcohol education program approved the Department of Public Health

Second Offense

  • Incarceration for not less than 60 days, 30 days mandatory minimum, 2 and ½ years maximum in the house of corrections
  • Fine $600.00 to $10,000.00.
  • License revoked for 2 years, work or education hardship considered after 1 year

Alternative Disposition

  • 2 years probation
  • 14 day in-patient treatment program paid for by the defendant
  • License revoked for 2 years, eligible for hardship after completing the 14 day in-patient program

Third Offense

  • Incarceration not less than 180 days, all but 150 suspended (no way out of 5 months in jail), not more than 5 years in state prison
  • Fine $1,000.00 to $15,000.00
  • License revoked for 8 years, work or education hardship eligible for a hearing after 2 years

Fourth Offense (Felony OUI)

  • Incarceration not less than 2 years, all but 1 year suspended (no way out of 1 year in jail), not more than 5 years in state prison (any offense punishable by state prison is a felony in Massachusetts).
  • Fine $1,500.00 to $25,000.00
  • License revoked for 10 years, work or education hardship eligible for a hearing after 5 years

Fifth Offense (Felony OUI)

  • Incarceration not less than 2 ½ years, all but 24 months suspended (no way out of 2 years in jail), maximum of 5 years in state prison.