Massachusetts · OUI · Checked October 2026
Massachusetts OUI Penalties: First, Second and Third Offense
Massachusetts OUI Penalties: What Are the Rules?
Massachusetts sets OUI penalties by offense, and they rise with each conviction.
- 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 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 |
Other First Offense Penalties in Massachusetts
- section 24D first offender disposition: up to 2 years probation with a driver alcohol education program and possible treatment
- hardship license hearing available 3 months after conviction (12-hour work or school license) or immediately on entering a 24D program
Official source: other first offense penalties (Massachusetts)
Other Second Offense Penalties in Massachusetts
- the court may instead order 2 years probation with at least 14 days in a residential alcohol treatment program
Official source: other second offense penalties (Massachusetts)
Other Third Offense Penalties in Massachusetts
- fourth offense: $1,500 to $25,000 and 2 to 5 years, at least 12 months served, 10-year revocation
- fifth or later offense: lifetime license revocation
Official source: other third offense penalties (Massachusetts)
When Penalties Are Higher in Massachusetts
- blood alcohol of 0.15 or more: the Registrar may require an ignition interlock on a first-offense hardship license
- 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)
When an OUI Is 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 termM.G.L. c. 90, § 24(1)(a)(1); c. 274, § 1
How Far Back Prior Offenses Count in Massachusetts
Massachusetts counts every prior OUI conviction or alcohol program assignment from any jurisdiction, with no time limitM.G.L. c. 90, § 24(1)(a)(1)
Official source: how far back prior offenses count (Massachusetts)
More on OUI Law in Massachusetts
See the full overview of OUI laws in Massachusetts and read about first-offense DUI penalties across the states.
This page summarizes Massachusetts law from official sources, checked October 2026. It isn't legal advice; 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).
What Is the Penalty for a Second OUI in Massachusetts?
Jail: 60 days to 2 and a half years; at least 30 days must be served before probation, parole or furlough. Fine: $600 to $10,000. License suspension: 2-year revocation; hardship hearing available after 1 year (12-hour license) and after 18 months (limited license).
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