Massachusetts
DUI laws—or OUI laws—state that any driver over the age of 21 cannot have a blood-alcohol level of 0.08%. Drivers under 21 cannot have a BAC above 0.02%.In the United States, over 10,000 people are killed as a result of drunk driving crashes each year.
Driving while under the influence
of drugs or alcohol is a dangerous crime and penalties vary by state. Even a first-time offense can cost drivers up to $10,000 in fines and legal fees.The car insurance
comparison and broker app Jerry
has compiled everything you need to know about DUIs in Massachusetts. RECOMMENDEDNo spam or unwanted phone calls · No long forms
OUI in Massachusetts
Like a few other states, Massachusetts favors the term OUI instead of DUI.
An OUI is "operating under the influence." This means that a driver can be charged even if a vehicle is not in motion. A driver who intends to drive or makes moves to do so can be convicted of an OUI.
Massachusetts OUI laws prohibit driving or controlling a vehicle if the driver:
Has a blood alcohol concentration (BAC) of at least 0.08%
Is under the influence of alcohol, marijuana, narcotics, intoxicating vapors, or other drugs
Has diminished faculties as a result of drugs or alcohol
Drivers under 21 will be subject to penalties if they are found to have a BAC of 0.02% or higher.
Implied consent law
Every state has an implied consent law stipulating that you consent to be tested if you’re suspected of driving under the influence of alcohol or drugs.
All people who drive in Massachusetts are considered to have tacitly given their consent to a blood, breath, or urine alcohol or drug test. If a driver refuses or fails a test, they will be subject to a license suspension
for at least 180 days. The penalty for underage drivers who refuse to cooperate is an automatic three-year license suspension.
Penalties for OUI in Massachusetts
Penalties for OUIs in Massachusetts are determined by the severity of the offense and the number of prior convictions in the last ten years.
First offense
Second conviction
Third conviction
Additionally, drivers who are first-time offenders must complete one year of probation, an alcohol education course, and up to 30 hours of community service. Second-time offenders must undergo a 14-day inpatient treatment course.
If an offender is driving a passenger under the age of 14, they could face child endangerment charges. These charges come with up to 2.5 years in jail and up to $5,000 in fines.
Underage drivers with a BAC of 0.02%-0.08% may not face an OUI charge, but they will have their license suspended for at least 180 days or attend a Youth Alcohol Program.
Key Takeaway: Minimum penalties for DUIs increase for each subsequent offense.
Restricted licenses
Drivers who cooperated with but failed the chemical test could apply for a hardship license.
To be eligible for a hardship license, drivers must complete a part of their suspension and install an ignition interlock device (IID). The hardship license only allows a driver to commute to work or school during a specific 12-hour period.
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Does a DUI impact car insurance in Massachusetts?
Yes, insurance companies take DUIs very seriously and you’ll be classified as a high-risk driver
. Some providers may deny you coverage altogether. It can be difficult to secure insurance with a DUI on your record, so you’ll probably need to look at several providers. Jerry
can quickly compare rates from up to 50 top insurers so that you don’t have to spend time completing long online forms and dealing with sales calls. Expect your rates to rise substantially after a DUI. Your insurance company will also need to file an SR-22
on your behalf to confirm that you hold the mininum car insurance required
in your state. Other effects of a DUI
Beyond the conviction penalties and higher insurance rates
, your life can be severely impacted by a DUI. License revocation: After a DUI, you run the risk of having your license revoked—especially if you have multiple DUIs or other offenses.
Ignition interlock device (IID): Drivers who are convicted of a DUI in Massachusetts may have to use an IID for a specified period, depending on the number of convictions. An IID is installed in the car, which deactivates the engine if alcohol is detected on the driver’s breath.
Background checks: DUIs appear on background checks, which could adversely impact your future employment opportunities.
How to find cheap insurance after a DUI
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