Massachusetts OUI Law

This summary covers the judicial penalties for the criminal offense of OUI. Many other non-judicial penalties will inevitably follow an admission to sufficient facts plea, guilty plea, or conviction. These can include increased insurance cost (or cancellation of coverage), inability to rent cars, job barriers, possible loss of profession credentials or certifications, etc. These non-judicial or economic penalties are not addressed in this Summary.

An OUI conviction plea of 'guilty" or admission to sufficient facts will be a permanent part of your driving record. It does not "come off" your record after 5 years…it never comes off your record. Moreover, a conviction, guilty plea or admission to sufficient facts plea is reported to the Massachusetts Registry of Motor Vehicles, which in turn, reports it to the National Driver's License Registry. These computer records are accessible to driver's licensing agencies nationwide.

Any non-resident driver's home state driver's license agency (RMV, DMV, DPS, etc.) will in all likelihood receive a notice from the Massachusetts Registry of Motor Vehicles if any license suspension or case disposition (conviction or admission to sufficient facts) occurs in Massachusetts and the non-resident license is involved. In almost all cases an admission to sufficient facts plea, guilty plea or guilty verdict in a criminal case for OUI in the state of Massachusetts will cause a suspension to occur in the non-resident's home state. A "not guilty" or other non-OUI disposition of the case will prevent such consequences.

BLOOD ALCOHOL CONTENT

Massachusetts recently became a "per se" state. This means that if your breath or blood are tested and the result is .08 or above, you will be found guilty if and only if the judge or jury believes the test was conducted properly and the reading was accurate. There are many reasons why the test may not be used against you. This may be as a result of poor record keeping by the police, machine malfunction or an improperly administered test. The are also medical and environmental reasons why the test may be. It is important to get legal advice from a lawyer who specializes in drunk driving defense before admitting to anything.

SUBSEQUENT OFFENDER STATUS

"Repeat offender" status for OUI cases is determined in Massachusetts based upon a lifetime "look back" period. This status is used for purposes of increased mandatory minimum punishment. The last sheet of this summary is a GRID which sets out in a handy chart the MANDATORY MINIMUM punishment for OUI cases.

A bad record can come back to haunt a person facing a current OUI charge. Remember that a judge can review your ENTIRE record for the purposes of:

  • increasing your punishment (up to the maximum penalties set by law) over that which he/she would give another person with no prior record;
  • allowing the prosecutor (in some instances, after notice and a pre-trial hearing) to introduce evidence of prior instances where you were convicted of crimes, although it is extremely unlikely that a prior OUI charge will be used. The prosecutor may attempt to bring in evidence from any case, even those older than 5 years. This type of evidence can be used as "impeachment" evidence if and only if the accused takes the stand in his/her own defense. Use of prior convictions especially prior OUI convictions is extremely rare:
    SPECIAL NOTE FOR ANY CONVICTION OF OUI, PLEA OF GUILTY OR ADMISSION TO SUFFICIENT FACTS:
    The sentencing court has broad powers at sentencing insofar as whether to probation conditions. Furthermore, if probation is granted (in lieu of jail time), the conditions of probation can be extremely onerous and restrictive. Moreover, all jurisdictions charge monthly "supervision" fees so that the person pays for his/her probationary sentence. The length of probation is optional with the judge.

Have you taken a breathalizer?
Yes No

If so, what was the result?

Do you have any previous drunk driving convictions?
Yes No

If yes, how many?

Were you involved in an accident?
Yes No

If yes, was anyone hurt?
Yes No

Were any of the following field sobriety tests performed (check all that apply)?
Breathalizer Alphabet Counting Balance
Nose

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