Massachusetts OUI Penalties

M.G.L. c. 90 section 24

First Offense

• Incarceration not more than 21/2 years in a House of Correction
• Fine: $500-$5,000
• License Revocation: 1 Year
• Hardship: Work Education Hardship considered in 3 months, “general” hardship considered in 6 months.

*Alternative Disposition pursuant to M.G.L. c. 90 section 24D.

• Available to First Offenders or where there is only one prior conviction more than ten years ago.
• Probation for up to 2 years with completion of a certified Driver Alcohol Education Program.
• Statutory Fines and Fees.
• License Suspension between 45 and 90 days. 210 Days if you are under 21.
• You may apply for a Hardship License immediately upon enrollment in the Driver Alcohol Education Program.

Second Offense

• Incarceration not less than 60 days and not more than 21/2 years in a House of Correction.
• Fines: $600-$10,000
• License Revocation: 2 Years
• Hardship: Work/Education hardship considered in 1 year, “general” hardship considered in 18 months.

*Alternative Disposition pursuant to M.G.L. c. 90 section 24D.

• Probation for 2 years and 2 weeks in-patient in a hospital for alcohol treatment and completion of a twenty – six week aftercare program.
• Statutory fines and fees

Third Offense

• Incarceration not less 180 days (Minimum 150 days to serve) and not more than 2 ½ years in a House of Correction or not more than 5 years in State Prison.
• Fine: $1,000 to $15,000
• License Revocation: 8 Years
• Hardship: Work/Education Considered in 2 years, “general” hardship considered in 4 years
• Installation of Ignition Interlock Device required for any hardship or license reinstatement

Fourth Offense

• Incarceration not less 2 years (Minimum 1 year to serve) and not more than 2 ½ years in a House of Correction or not more than 5 years in State Prison.
• Fine: $1,000 to $25,000
• License Revocation: 10 Years
• Hardship: Work/Education Considered in 5 years, “general” hardship considered in 8 years
• Installation of Ignition Interlock Device required for any hardship or license reinstatement

Fifth Offense

• Incarceration not less 2 ½ years (Minimum 2 years to serve) and not more than 2 ½ years in a House of Correction or not more than 5 years in State Prison.
• Fine: $2,000 to $50,000
• License Revocation: Lifetime
• Hardship: None