Massachusetts · OUI · Checked October 2026
OUI Laws in Massachusetts
What Happens if You Get an OUI in Massachusetts?
Massachusetts calls it OUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 15 days to challenge your license suspension
- First offense jail
- Up to 2 and a half years
- First offense fine
- $500 to $5,000, plus a $250 Head Injury assessment and a $50 Victims of Drunk Driving assessment
- First offense license
- 1-year revocation; if you qualify for and accept the first offender program (section 24D), the suspension is 45 to 90 days (210 days if you were under 21)
- Felony
- A third OUI (two prior convictions or alcohol program assignments, with no time limit) can be sentenced to state prison, which makes it a felony; every later offense also carries a state prison term
Massachusetts OUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACM.G.L. c. 90, § 24(1)(a)(1), (1)(f)(2); c. 90, § 24P(a); c. 90F, § 11; c. 90, § 24D
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (drivers under 21 with a blood alcohol percentage of 0.02 or more lose their license administratively)
- Enhanced penalties from
- 0.15 BAC
- Lookback period
- Massachusetts counts every prior OUI conviction or alcohol program assignment from any jurisdiction, with no time limit
Massachusetts OUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | felony (punishable by state prison) |
| Jail | up to 2 and a half years | 60 days to 2 and a half years; at least 30 days must be served before probation, parole or furlough | 180 days to 2 and a half years in a house of correction, or 2 and a half to 5 years in state prison; at least 150 days must be served |
| Fine | $500 to $5,000, plus a $250 Head Injury assessment and a $50 Victims of Drunk Driving assessment | $600 to $10,000 | $1,000 to $15,000 |
| License suspension | 1-year revocation; if you qualify for and accept the first offender program (section 24D), the suspension is 45 to 90 days (210 days if you were under 21) | 2-year revocation; hardship hearing available after 1 year (12-hour license) and after 18 months (limited license) | 8-year revocation; hardship hearing available after 2 years (12-hour license) and after 4 years (limited license) |
| Ignition interlock | not required for a first offense; the Registrar may require one on a hardship license if your blood alcohol was 0.15 or more | required: an ignition interlock on every vehicle you own, lease or operate for 2 years as a condition of getting your license back, including on any hardship license | required for 2 years as a condition of reinstatement and on any hardship license |
First offense: M.G.L. c. 90, § 24(1)(a)(1), (1)(b), (1)(c)(1); c. 90, § 24D; c. 274, § 1 · Second offense: M.G.L. c. 90, § 24(1)(a)(1), (1)(a)(4), (1)(c)(2); c. 90, § 24½ · Third offense: M.G.L. c. 90, § 24(1)(a)(1), (1)(c)(3), (1)(c)(3½), (1)(c)(3¾); c. 90, § 24½; c. 274, § 1
When Penalties Are Higher
- blood alcohol of 0.15 or more: the Registrar may require an ignition interlock on a first-offense hardship licenseM.G.L. c. 90, § 24(1)(c)(1); c. 90, § 24D
- under 21 at the time of the offense: a 210-day suspension under the first offender program and a separate 180-day Registrar suspension at 0.02 or more (1 year if under 18)M.G.L. c. 90, § 24D; c. 90, § 24P(a)
More on Massachusetts OUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
immediate suspension of 180 days with no priors, 3 years if you are under 21 or have one prior, 5 years with two priors and life with three or more; no hardship license during a refusal suspension; the vehicle is impounded for 12 hours; the refusal cannot be used as evidence at the criminal trialM.G.L. c. 90, § 24(1)(e), (1)(f)(1)
Official source: if you refuse a breath or blood test in Massachusetts
Getting a Hardship License
after a first-offense conviction, a hearing before the Registrar after 3 months for a license valid the same 12 hours each day for work or school, and after 6 months for a limited license; a first offender program participant may apply immediately; no hardship license during a chemical test refusal suspension; repeat offenders must use an ignition interlock
Official source: getting a hardship license in Massachusetts
Ignition Interlock
First offense: not required by statute; may be ordered on a first-offense hardship license when blood alcohol was 0.15 or more Repeat offenses: required for 2 years on every vehicle owned, leased or operated before a repeat offender's license is restored the Registrar may revoke for an extended period or for life after removal, missed inspections, or two start-up blocks or readings above 0.02
Can an OUI Come Off Your Record?
sealing through the Commissioner of Probation is available for criminal records, including OUI Waiting period: 3 years for a misdemeanor and 7 years for a felony, counted from the disposition including any incarceration, with no new convictions in that time you request sealing on the Commissioner of Probation's form; the record must not include offenses excluded from the sealing statute
Official source: can an oui come off your record? in Massachusetts
Drivers Under 21
a driver under 21 arrested for OUI with a blood alcohol of 0.02 or more, or who refuses a test, loses the license regardless of the outcome of the charge 180-day Registrar suspension (1 year if under 18), which can be waived for ages 18 to 20 who enter a Department of Public Health underage driver program; refusal suspension of 3 years; first offender program suspension of 210 days
Driving After Using Drugs
yes: the same statute covers operating under the influence of marijuana, narcotic drugs, depressants or stimulant substances, and toxic vapors
More on OUI Law in Massachusetts
For the state's own guidance, see Massachusetts General Laws c. 90, § 24 (Operating under the influence).
This page summarizes Massachusetts law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Massachusetts can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First OUI in Massachusetts?
Jail: up to 2 and a half years. Fine: $500 to $5,000, plus a $250 Head Injury assessment and a $50 Victims of Drunk Driving assessment. License suspension: 1-year revocation; if you qualify for and accept the first offender program (section 24D), the suspension is 45 to 90 days (210 days if you were under 21).
How Long Do You Have to Request a License Hearing in Massachusetts?
15 days. How it is counted: the date of the refusal suspension (a breath-test refusal); for a failed breath test of 0.08 or more, the 30-day suspension can be challenged within 10 days of suspension in the court where the charge is pending. A refusal hearing before the Registrar of Motor Vehicles; a failed-test hearing is requested in the court where the charge is pending and is limited to whether a blood test showed a lower level. If you miss it, the suspension usually takes effect automatically.
When Is an OUI a Felony in Massachusetts?
a third OUI (two prior convictions or alcohol program assignments, with no time limit) can be sentenced to state prison, which makes it a felony; every later offense also carries a state prison term