OUI Massachusetts: Understanding Laws and Penalties

Understanding your OUI Massachusetts case and how a good defense may reduce charges

Under Massachusetts law, a driver can be charged with an OUI (“operating under the influence”) violation for operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Actually, despite the widely-used moniker “BAC,” OUI penalties apply for drivers under the influence of any intoxicating substance that diminishes driving ability and road responsiveness. This can include alcohol, marijuana, or narcotics, including prescription drugs. 

If you or a loved one has been arrested and has questions about an OUI Massachusetts charge, contact the Law Offices of Keren Goldenberg today to discuss the details of your case: online or by phone: 978-221-2503 (Lowell), 617-431-2701 (Belmont).

Penalties for OUI Massachusetts Convictions

Penalties for an OUI Massachusetts conviction are set by state law and their severity increases with every repeat offense. See below for an outline of possible penalties for first, second and third offenses

1st offense 2nd offense 3rd offense
Jail time Up to 2 ½ years Up to 2 ½ years (minimum 30 days) Up to 5 years (minimum 150 days)
Fines Up to $1,000 Up to $10,000 Up to $15,000
License revocation 1 year 2 years 8 years

Though the above-outlined penalties are possible, penalties for a first-time offender with no prior record and experienced legal representation could look quite different. In this instance it is possible for penalties more like: 1 year probation with related supervision fees, 45 day license revocation and related fees, and mandatory participation in an alcohol education program. 

If you have been arrested and are wondering about next steps, don’t hesitate in reaching out for a consultation. The right legal defense strategy can be hugely impactful in minimizing the consequences of an OUI Massachusetts conviction. 

Implied consent

Massachusetts law requires drivers arrested for an OUI to consent to a breathalyzer test. Refusal to do so can carry severe penalties, including a longer license suspension than is issued for individuals who blow above the legal limit. The license suspension for drivers who refuse to comply with implied consent law cannot be circumvented with a hardship license or by any other means. 

Getting legal help

Penalties for OUI Massachusetts can be confusing and cumbersome to manage, especially for individuals reliant on a vehicle. It can be challenging to get to work or school, get children to/from childcare, or to get groceries and basic necessities that fall outside of a walkable radius. For first-time or repeat OUI Massachusetts offenders, having an experienced defense attorney is invaluable.

Hardship license 

Not only can your attorney help minimize penalties, but they can also increase your chances of probation and help determine your eligibility for a hardship license to get you back to your routines as soon as possible.  A hardship license gives a driver permission to drive to and from certain places while on a suspended license.

If you are faced with OUI Massachusetts charges, we can help. Contact our law offices to better understand the charges you face, your defense strategies, and opportunities to reduce the penalties and lifestyle impact of a conviction. 

The Law Offices of Keren Goldenberg are conveniently located in Lowell and Belmont, Massachusetts at the following locations:

The Law Offices of Keren Goldenberg

97 Central St. #403

Lowell, MA 01852


The Law Offices of Keren Goldenberg

19A Alexander Ave.

Belmont, MA 02478



With Offices in Lowell and Belmont • Call Us Now!(978) 221-2503