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The Consequences of Your 1st, 2nd, 3rd, 4th, & 5th DUI/OUI Offense

July 25, 2016 | Criminal Defense Attorney

First Offense
  • Five Hundred to Five Thousand Dollar Fine; Fees*
  • Jail for not more than 2 ½ years;
  • License loss:** one year from date of conviction; Work/Educational Hardship after 3 months; General Hardship after 6 months

Breath Test Refusal 180 Days **

24 D Alternative

  • Probation for not more than two years: must attend and complete driver alcohol education program as a condition of probation.
  • License loss: Not less than 45 not more than 90 days.

Upon entry into 24D program may apply for hardship license.

Second Offense
  • Six Hundred to Ten Thousand Dollar Fine; Fees*
  • Jail for not less than sixty days and not more than 2 ½ years; thirty days of sentence must be served;
  • License loss** two years from date of conviction; Work/Educational Hardship after 1 year; General Hardship after 18 months. Must install Ignition Interlock Device for period of hardship (RMV requires IID for two additional years after hardship expires).

Breath Test Refusal 3 years **

Chapter 90 Section 24 (4) Alternative

  • Two years’ probation: Conditions of probation attend and complete 14 day inpatient program and aftercare.
  • 24D Alternative If one prior offense and the date of conviction is more than ten years from current arrest:
  • Probation for not more than two years: must attend and complete driver alcohol education program as a condition of probation.
  • License loss**: Not less than 45 not more than 90 days. Must install Ignition Interlock Device. (RMV requires IID for two additional years after hardship expires).
Third Offense (felony)
  • One Thousand to Fifteen Thousand Dollar Fine: Fees*
  • Jail for not less than one hundred eighty days and not more than 2 ½ years; one hundred and fifty days of sentence must be served; or
  • State prison for not less than 2 ½ years and not more than 5 years; one hundred fifty days of sentence must be served;
  • License loss** eight years from date of conviction; Work/Educational Hardship after 2 years; General Hardship after 4 years. Must install Ignition Interlock Device for period of hardship (RMV requires IID for two additional years after hardship expires).

Breath Test Refusal 5 years **

Fourth Offense (felony)
  • One Thousand Five Hundred to Twenty Five Thousand Dollar fine; Fees*
  • Jail for not less than two years not more than 2 ½ years; one year of sentence must be served;
  • State prison for not less than 2 ½ years and not more than five years; one year of sentence must be served;
  • License loss**: ten years from date of conviction; Work/Educational Hardship after 5 years; General Hardship after 8 years. Must install Ignition Interlock Device for period of hardship (RMV requires IID for two additional years after hardship expires).

Breath Test Refusal Life **

Fifth or Subsequent Offense (felony)
  • Two Thousand to Fifty Thousand Dollar fine; Fees*
  • Jail for not less than 2 ½ years; Two years of sentence must be served;
  • State Prison for not less than 2 ½ years and not more than five years; Two years of sentence must be served;
  • Lifetime license loss; No hardship.

* FEES: Any conviction or CWOF requires a $250.00 head injury fee, $50 victim of Drunk Driving fee and $50.00 victim witness fee. If placed on probation an additional probation service fee of $65.00 per month is assessed. If 24 D disposition $250.00 state fee and program costs.

** All license losses (ie: Breath test and conviction) run consecutive not concurrent.

No Hardship license for breath test refusal until case is concluded.

Read More on DUI/OUI Laws in Massachusetts