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Massachusetts treats OUI charges very seriously and imposes harsh penalties that can impact you for the rest of your life. The penalties get increasingly more serious for subsequent offenses, and the state doesn’t leave much room for second chances. These penalties can result in costly fines, driver’s license suspension or revocation, and even a jail sentence. While there is some leniency when it comes to first or second offenses, even first-time offenders must understand the severity of the charge and act accordingly.

The following penalties are for OUI offenses alone, and penalties can be significantly harsher if there is a second charge associated with the OUI offense, such as child endangerment, driving with a minor under the age of 14 in the vehicle, manslaughter, driving on a suspended or revoked license, and the like.

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Penalties for a First OUI Offense

A first OUI offense resulting in a guilty plea or verdict can result in:

  • A fine of $500 to $5,000 plus a $250 head injury fee and a $50 victims’ fund fine.
  • Prison sentence of up to two and a half years
  • License suspension of up to one year
  • A three month wait period to apply for a hardship license

In many cases, for first offenses, prosecutors will allow for an alternative resolution known as a 24D disposition, allowing the accused to escape harsher penalties.

Penalties for a Second OUI Offense

A second OUI offense resulting in a guilty plea or verdict can result in:

  • A fine of $600 to $10,000
  • Prison sentence between 30 days and two and a half years
  • License suspension of up to two years
  • Installation of an ignition interlock breathalyzer device

If your prior OUI conviction was over ten years prior to your second, you may be eligible for an alternative disposition known as a Cahill Disposition. This effectively treats the charge as a first offense under the 24D disposition. However, if there is a subsequent offense, it will be treated as a third offense rather than a second and you would be subject to third offense penalties.

In some cases, second offense OUI charges can be penalized by a 14-day inpatient treatment program followed by two years of probation, avoiding the mandatory jail time.

Penalties for a Third OUI Offense

A third OUI offense resulting in a guilty plea or verdict can result in:

  • A fine of $1,000 to $15,000
  • Mandatory prison sentence between 150 days and five years
  • License suspension of up to eight years
  • Wait period of two years to apply for a hardship license
  • Installation of an ignition interlock breathalyzer device

Penalties for a Fourth OUI Offense

A fourth OUI offense resulting in a guilty plea or verdict can result in:

  • A fine of $1,500 to $25,000
  • Mandatory prison sentence between one year and five years
  • License suspension of up to ten years
  • Wait period of five years to apply for a hardship license
  • 90 day inpatient alcohol awareness program
  • Installation of an ignition interlock breathalyzer device

Penalties for a Fifth or Subsequent OUI Offense

A fifth or subsequent OUI offense resulting in a guilty plea or verdict can result in:

  • A fine of $2,000 to $50,000
  • Mandatory prison sentence between two years and five years
  • Lifetime license suspension
  • No eligibility for a hardship license

Facing an OUI Charge? Contact a Leading Expert in OUI Defense
Regardless of whether it’s a first or subsequent offense, an OUI charge can carry serious penalties and have a huge impact on you, your life, and your future. That’s why it’s imperative to relentlessly fight the charges with an expert guiding you through the process. The skilled attorneys at The Law Offices of Joseph D. Bernard P.C. have over 50 years of experience in OUI defense and have built an entire practice dedicated to such cases which is recognized not only locally, but nationally. We will fight to protect your rights and get you the best outcome possible in your case. Our results speak for themselves. You and your loved ones can rest easy knowing our team is doing everything in their power to fight the system and fight for your rights. Take control of your future and contact us today for a free, confidential consultation.