Massachusetts OUI laws are intricate and can have long-term impacts on anyone who faces a DUI arrest. Massachusetts law can take over without the right OUI drunk driving lawyer defending you, and you are looking at some hefty penalties.
With a Bridgewater OUI drunk driving lawyer from the Law Offices of Gerald J. Noonan, we not only answer all your questions but also address any lingering concerns you may have about your case. We also offer quality representation to put you in the best position for favorable results.
We often see first-time offenders who have specific questions that relate to their circumstances. We are happy to provide answers to some of the most common questions our clients ask us.
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When does Massachusetts law consider a driver to be legally drunk?
Under the law, drivers without a commercial license and who are over 21 are considered to be legally drunk when they have a blood-alcohol level of .08 or higher. Additionally, drivers who have a commercial driver’s license are considered to be legally drunk when their blood alcohol concentration is .04 percent. Massachusetts law states that people who drive school buses are considered commercial drivers. Anyone under the age of 21 who has a BAC of .02 or higher is legally drunk in Massachusetts.
What are the penalties for drunk driving in Massachusetts?
There is a lot to consider regarding Massachusetts penalties when it comes to drunk driving. A first-time offense comes with possible prison time of no more than two and a half years, along with a fine ranging from $500 to $5,000. A first-time offender can also have their license suspended for anywhere from 45 to 90 days.
A driver charged with OUI drunk driving a second time faces anywhere from 60 days to two and a half years in prison and a fine that ranges from $600-$10,000. You will have your driver’s license suspended for two years. After serving one year of the suspension, you can apply for a hardship to have it reinstated. If the reinstatement is granted, you will be required to install an ignition interlock device in the vehicle to operate it.
A three-time offender faces fines ranging from $1,000 to $15,000 and imprisonment ranging from 180 days to two and a half years.
For a third offense, the offender faces imprisonment for 180 days or two and one-half years. Their fines cost anywhere from $1,000-$15,000 or incarceration. Another possible punishment is imprisonment of two and a half years to five years and a fine ranging from $1,000 to $15,000. Your license will be suspended for eight years. Once you have served two years of the suspension, you can apply to have it reinstated on a hardship. If granted, you will be required to use an ignition interlock device in the vehicle.
What are the penalties for causing serious bodily injury while driving drunk?
Anyone who drives with a blood alcohol content level of .08 or more and is responsible for another person to suffer serious bodily injury results in imprisonment in state prison for two and one-half years up to 10 years and a fine of up to $5,000. Massachusetts law defines serious bodily injury as creating a substantial risk of death, total disability, or impairment loss.
What is an ignition interlock?
Repeat offenders must use an ignition interlock device as a precondition to issuing a new license after revocation for two years.
Are there different penalties for commercial drivers?
A commercial driver convicted of drunk driving while operating a vehicle will lose the ability to drive any type of commercial vehicle for at least one year. If the driver were hauling hazardous material when the incident took place, they would lose their CDL for three years. Commercial drivers who commit a second offense while driving any type of vehicle cannot hold a CDL for the rest of their life. It might be possible to reduce this penalty to 10 years, but it depends on the extent of the driver’s conviction.
What are the penalties for drivers under 21?
Other penalties may apply to this situation, but for the most part, drivers under 21 face a 180-day driver’s license suspension. The sentence may require the offender to take a specific program. The program serves to educate and treat anyone who drives under the influence instead of a suspension.
Offenders between the ages of 17 and 21 who drive with a blood alcohol content level of .20 or more must take the 14-day second offender in-home program.
Call a Bridgewater OUI Drunk Driving Lawyer Today
If you were charged with OUI drunk driving in Massachusetts, you need a Bridgewater OUI drunk driving lawyer from the Law Offices of Gerald J. Noonan on your side. We can discuss your case anytime. Call our office at 1-508-588-0422 to schedule a consultation today.
