Understanding DUI/OUI Laws in Massachusetts
- Steven Topazio wrote this March 17, 2025 at 10:41 pm
Driving under the influence (DUI) or operating under the influence (OUI) in Massachusetts carries serious legal consequences. Whether you are facing charges or want to understand the law, knowing your rights and the potential penalties is crucial. As an experienced criminal defense attorney, I want to provide insight into Massachusetts OUI laws and how legal representation can help protect your future.
What is an OUI in Massachusetts?
In Massachusetts, OUI (Operating Under the Influence) is the official legal term for what many refer to as DUI or DWI (Driving While Intoxicated). An individual can be charged with OUI if they operate a motor vehicle while impaired by alcohol, drugs, or both.
Legal Blood Alcohol Concentration (BAC) Limits
0.08% or higher for drivers 21 and older
0.02% or higher for drivers under 21 (zero-tolerance policy)
0.04% or higher for commercial drivers
Penalties for OUI in Massachusetts
The consequences of an OUI conviction depend on the number of prior offenses:
First Offense: Up to 2.5 years in jail, fines of $500–$5,000, license suspension for up to 1 year, and possible enrollment in an alcohol education program.
Second Offense: Mandatory minimum of 60 days in jail (up to 2.5 years), fines of $600–$10,000, and a 2-year license suspension.
Third Offense: Felony charge, mandatory minimum of 180 days in jail, fines of $1,000–$15,000, and an 8-year license suspension.
Fourth and Subsequent Offenses: Increased penalties, including longer mandatory jail time, heavier fines, and lifetime license revocation.
Additional Consequences of an OUI Conviction
Ignition Interlock Device (IID): Required for certain repeat offenders.
Higher Insurance Rates: A conviction can lead to skyrocketing auto insurance premiums.
Job and Travel Restrictions: A criminal record may impact employment opportunities and travel to certain countries.
Defenses Against OUI Charges
Being charged with OUI does not automatically mean a conviction. Several legal defenses may apply, including:
Challenging the Traffic Stop: If law enforcement lacked reasonable suspicion, the stop may be unlawful.
Questioning Field Sobriety Tests: These tests are subjective and often flawed.
Breathalyzer Accuracy Issues: Faulty equipment or improper calibration can lead to inaccurate BAC readings.
Why You Need an Experienced OUI Defense Attorney
An OUI charge can have life-altering consequences, but a strong legal defense can help reduce or dismiss charges. Attorney Steven J. Topazio has extensive experience handling OUI cases in Massachusetts and will fight to protect your rights.
Contact Attorney Steven J. Topazio for a Strong Defense
If you have been charged with an OUI in Massachusetts, don’t face it alone. Contact our office today for a confidential consultation and let us help you build the best defense possible.
Steven J. Topazio, Criminal Defense Attorney
Phone: 617-422-5803
Website: www.topaziolaw.com
Office Address: 44 School Street, Suite 1000C, Boston, MA 02108