Alert!!! Melanie's Law took effect on October 28. It increased refusal periods, increased waiting periods for hardship licenses and requires an ignition interlock device for reinstatement for ALL SUBSEQUENT OFFENDERS. Changes are outlined below in red.
If you are found not guilty or the case is dismissed, there is a presumption that your license will be reinstated for the rest of the refusal suspension period.
WARNING. The following penalties list license losses for each offense. In rare cases, an experienced OUI/DWI/DUI lawyer may be successful in reducing the offense level you are charged with (such as a third offense reduced to a second offense). Regardless of the reduction or the sentence, the Registry of Motor Vehicles will suspend your license based upon their records, which may include out of state offenses.
FIRST OFFENSE
- Incarceration: Not more than 2 ½ years House of Correction
- Fine: $500-$5,000
- License suspended for 1 year, work/education hardship considered in 6 months, general hardship in 6 months
Alternative disposition
- Probation with mandatory participation in alcohol-drug education program paid for by defendant
- License suspended for 45 to 90 days (210 days for drivers under age 21) A hardship license may be available for 2nd offenses if there is only 1 other prior offense and the conviction or plea on that offense occurred more than 10 years prior to the date of the arrest NOTE: 2 year loss of license is mandatory, however
SECOND OFFENSE
- Incarceration: Not less than 60 days (30 day mandatory), not more then 2 ½ years
- Fine: $600-$10,000
- License suspended for 2 years, work/education hardship considered in 1 year, general hardship in 18 months.
- A condition of any hardship license is the installation of an ignition interlock device for at least 2 years. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
Alternative disposition
- 2 years probation
- 14 day confined treatment program paid for by the defendant
- License suspended for two years, work/education hardship considered in 1 year, general hardship in 18 months
- A condition of any hardship license is the installation of an ignition interlock device for at least 2 years. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
THIRD OFFENSE
- Incarceration: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (Felony status)
- May be served in a correctional facility treatment programs
- Fine $1,000-$15,000
- License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years
- A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
FOURTH OFFENSE
- Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years (Felony status)
- Fine $1,500-$25,000
- License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years
- A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period. The device requires that the operator have a breath alcohol level of less than .02 for the car to start.
FIFTH OFFENSE
- Incarceration: Not less than 2 ½ years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
- Fine $2,00-$50,000
- License for life, no possibility of hardship
LICENSE REINSTATEMENT FEES
- First Offense $300.00
- Second Offense $500.00
- Third Offense $1,000.00
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Address
80 Washington Sq., Building K
Norwell, MA. 02061
Telephone 24/7:
1-866-435-2801
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781.871.7220
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