In Massachusetts, the abbreviations DUI and OUI basically refer to the same thing and that is operating a vehicle while under the influence of drugs or alcohol. OUI stands for “Operating Under the Influence” and it is the preferred term for the criminal charges related to drunk or impaired driving, not only in the state of Massachusetts, but also Connecticut and Maine. OUI in Massachusetts is a serious crime. You will face penalties imposed by the courts as well as penalties imposed by the Registry of Motor Vehicles. Between the two agencies, you could face license suspension, steep fines, and even jail.
What is OUI in Massachusetts?
The definition of OUI in Massachusetts is when a person operates a motor vehicle while on a public road or in a place where the public has the right of access while under the influence of the following:
- alcohol at a level of .08 percent blood alcohol content (BAC) or higher
- drugs, stimulants, depressants, or even glue vapors.
A commercial driver who is caught driving a commercial vehicle while impaired and who has a commercial driver’s license is considered to be OUI if they have a BAC of .04 percent or more. For any diver who is not old enough to buy or drink alcohol legally, Massachusetts has a zero tolerance policy. This means a BAC of .02 percent or more is considered driving under the influence. The reason Massachusetts prefers to uses the term “OUI” is because both DUI and DWI refer to “driving,” which suggests that the vehicle must be moving before the law applies. When it has been confirmed that driver has a BAC that exceeds the legal limit, the prosecution is not required to prove that the driver is actually impaired.
Penalties for Massachusetts OUI/DUI convictions
Massachusetts’ OUI laws set out what penalties a judge can impose on a driver convicted of OUI. The states uses a graduated system when determining penalties which depend on the driver’s number of OUI convictions on their record The penalty will depend on the driver’s number of prior OUI convictions. A first offense for OUI in Massachusetts is just a misdemeanor but the OUI penalties in Massachusetts are among the most severe in the country.
A first-time offender
A first-time offender who’s been charged with an OUI can expect the following penalties if convicted:
- fines: a first-time offender can expect to be fined from $500 to $5,000 and it is the judge who imposes the amount;
- additional fees: these include an assessment fee of $250 and a $50 OUI victim fund fee;
- jail or prison time: Massachusetts has some of the harshest jail terms for OUI in the country as even a first-time offender could face up to 2 ½ years in prison;
- license suspension: when convicted of OUI, the Registrar of Motor Vehicles will suspend your license for a period of 12 months so that you will not be legally allowed to drive until the suspension period is over;
- education courses: it’s possible for a first-time OUI offender to be told to undertake an alcohol or drug education course;
- the Ignition Interlock Device: some first-time OUI offenders and in particular those asking for a hardship license may be told to install an ignition interlock device (IID) in all of the vehicles they own, lease, or operate regularly. An IID is connected to a vehicle’s ignition and is a small breathalyzer device. The driver will need to pass a breath test before the vehicle can be started and will be re-tested at intervals while driving.
DUI/OUI probation in Massachusetts
In Massachusetts, a driver with first OUI offense is usually eligible for probation for a term of one year. The driver is told to complete an alcohol education course and treatment if required and up to 30 days of community service. The driver’s license will be suspended for 45 to 90 days but 210 days if the driver is less than 21 years. In addition, if an OUI offense took place within the last 10 years, the period of probation will be two years with inpatient treatment of at least 14 days and outpatient treatment too. The driver will lose his or her license for two years, but the driver should be eligible to hold a hardship license with limited driving privileges after completing the in-patient period.
If you were charged with OUI and you had a minor child less than 14 years in the vehicle at the time or you crashed and caused individual substantial body harm, you could face more penalties.
Higher OUI penalties for child passengers
If a passenger was under 14 years of age when a driver was caught operating a vehicle under the influence he or she could be convicted of child endangerment. This additional offense attracts fines of between $1,000 and, 90 days to 2 ½ years in jail, and a 12 month license suspension.
2nd OUI offenders
This could attract 60 days to 2 ½ years in jail with a minimum of 30 days served. A $600 to $10,000 fine and 2 years license suspension.
Implied consent and refusing a breath or blood test in Massachusetts
Under the law in Massachusetts all drivers arrested for an OUI automatically consent to a chemical test of their blood or breath which determines the presence and quantity of alcohol or drugs. The implied consent law enforces a suspension of license on any driver who refuses to be tested as follows:
Under the law in Massachusetts all drivers arrested for an OUI automatically consent to a chemical test of their blood or breath which determines the presence and quantity of alcohol or drugs. The implied consent law enforces a suspension of license on any driver who refuses to be tested as follows:
- a 180-day suspension for a driver with no previous OUI convictions;
- a 3 year suspension if the driver has one previous OUI conviction;
- a 5 year suspension if the driver has two previous OUI convictions
- a lifetime suspension if the driver has three or more previous OUI convictions
- a 10 year suspension if the driver has an OUI which involved severe bodily injury;
- a lifetime suspension if the driver has a previous OUI that involved a fatality.
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