What Happens When You Get a 2nd DUI in Massachusetts?

A second DUI in Massachusetts could land you in jail for up to 2.5 years, but entering a probation agreement could help you avoid many of the normal penalties.
Written by Jacqulyn Graber
Reviewed by Kathleen Flear
If you’re convicted of a second-offense DUI in
, penalties may include fines of $600 to $10,000, up to 2.5 years in prison, and driver’s license suspension for a period of 2 years. 
Driving under the influence is incredibly dangerous, and a second DUI—no matter how long ago your first offense took place—can result in serious consequences, including prison time, a suspended license, and hefty fees. 
If you’ve been charged with a second DUI in the Bay State, you may be anxious about what comes next. Here to go through all the possible penalties is
, the trustworthy app that makes shopping for
car insurance
fast and simple. 
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
Find insurance savings

What is a 2nd offense DUI in California?

Let’s start with the basics. What, exactly, does
driving under the influence
of alcohol or drugs (DUI) mean in Massachusetts?
Massachusetts DUI laws
specifically prohibit the operation of a motor vehicle in any public place if you:
  • Have a blood alcohol concentration (BAC) of 0.08% or more, or 
  • Are under the influence of intoxicating liquors, marijuana, narcotics, intoxicating vapors, or other drugs.
A driver is considered “under the influence” if their ability to operate a vehicle is diminished by the consumption of a substance.
Additionally, it’s important to keep in mind that the "operation" of a vehicle doesn't necessarily require a running engine or actual movement. If you are intoxicated and in the driver’s seat with a set of keys in hand, you could be at risk for a DUI. 
Repeat offender status for DUIs in Massachusetts is based on a “lifetime lookback” policy. In other words, your first DUI is never removed from
your record
—so even if your first DUI was 30+ years ago, any subsequent offenses will count as a second infraction. 
Key Takeaway: If you’ve ever been convicted of a DUI in Massachusetts, you will be charged for a second offense if you once again operate a vehicle while under the influence. 

What is the punishment for a 2nd DUI in Massachusetts?

The punishment for being convicted of a second DUI in Massachusetts contains three parts: jail time, fines, and
license suspension
For a second offense, you can expect to serve 60 days to 2.5 years in jail, with a minimum sentence of 30 days served. Fines will cost you between $600 and $10,000, and your license will be revoked for 2 years.
You also must complete 14 days of inpatient treatment for alcoholism and/or drug abuse, followed by 2 years of outpatient treatment and probation. The court may also choose to order as many as 30 hours of community service.
However, if your first offense was over 10 years ago, you may be eligible for first-offense probation, which includes one year of probation, a driver alcohol education course, and drug/alcohol abuse treatment if the judge deems it necessary.
In either case, if probation is granted, your
Massachusetts driver's license
will be suspended for 45 to 90 days (or 210 days if you were under the age of 21 at the time of the infraction).
Key Takeaway: Penalties for a second DUI in Massachusetts include jail time, fines, and license revocation—but you may be eligible for 1-2 years of probation instead.

How much does a 2nd DUI in Massachusetts cost in the long run?

You already know that a second DUI can come with fines of $600 to $10,000, but these aren’t the only costs associated with a conviction. You’ll also be responsible for any fees associated with school, drug/alcohol abuse treatment, and/or mandatory license suspension
Add in any lawyer fees and the ongoing effect that a DUI will have on your insurance costs, and you’re looking at a final price tag that could be tens of thousands of dollars.
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
Find insurance savings

Fees, penalty assessments, and DUI school

The fine for a second DUI in Massachusetts is up to $10,000 in fines. If you happened to have a minor under the age of 14 in your vehicle, you’ll also face child endangerment charges. This would be an additional conviction and could cost up to $5,000 in fines.
These fines aren’t a lump sum, however—you’ll also be responsible for fees and penalty assessments, which can add up quickly. Plus, if you have to attend DUI school and/or inpatient/outpatient treatment, you’ll have to cover the cost yourself. 

Alternative transportation

Once you pay your fines and fees and serve any probation or jail time, your license will be suspended for up to two years. During this time, you’ll have to rely on alternative transportation.
If you live in a walkable city, have access to affordable transportation, or can hitch a ride from friends and family, then this may not be a big deal. However, if you’re forced to rely on ride services like Uber, Lyft, or taxi cabs, you’ll be spending quite a bit.
Plus, some employers want you to confirm that you have reliable transportation to and from work, so a suspended license could cost you job opportunities. 

Increased car insurance costs 

Finally, the average car insurance premium goes up by 80% following any DUI conviction. The
average annual cost of car insurance
for a Massachusetts driver with a
clean record
is $2,813 for basic
liability insurance
and $3,008 for
full coverage car insurance
A single DUI can raise these yearly rates to about $5,064 and $5,415, respectively. 

How to avoid jail time for a 2nd DUI in Massachusetts 

The best thing you can do to avoid or reduce your jail time after receiving a second DUI is to hire an experienced defense attorney. Negotiating any sort of plea bargain on your own will be incredibly difficult—you’ll do much better with a skilled advocate on your side throughout the entire process.
Your attorney may be able to negotiate a probation agreement for you, which includes varying levels of drug and alcohol treatment, combined with license suspension, in lieu of jail time. For second DUI offenses, you’ll most likely have to serve 14 days of inpatient drug and alcohol treatment, followed by outpatient treatment plus two years of probation. 
Upon successful completion of probation, your charges may be dismissed. Violating your probation, however, could result in serious consequences.

How to find affordable car insurance in Massachusetts after a 2nd DUI

Having even just one DUI on your record makes you a
“high-risk” driver
, which causes
car insurance
companies to hike up your premiums. Purchasing car insurance won’t be optional, however—you’ll likely need to provide
proof of coverage
to the DMV before they’ll reinstate your license.
If it feels like everything is against you, don’t worry—the qualified insurance broker
is here to help.
Jerry will work hard to find you the best coverage at the best rate possible, no matter what your driving history looks like. We have access to over 55 insurers and can no doubt locate a company that understands your challenging situation and is willing to work with you.
brought my insurance deductible down from $2.5K to $1K without me having to switch companies. I even had a ticket on my record. If it can help me, Jerry will definitely help you save money.” —Maxwell N.
Thousands of customers saved on average $887/year on their car insurance with Jerry
This app is great, but the customer service is even better! Not to mention convenient! My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! Thank you so much for a hassle free experience👍
Gabriella R.
Find insurance savings
rating primary
4.7/5 Rating on App Store


No. A second offense DUI is considered a misdemeanor in the state of Massachusetts. 
In general, a minimum of 30 days in jail is mandatory after a second DUI conviction. However, it may be possible to avoid a conviction by entering a probation agreement. 
Are you overpaying for car insurance?
Compare quotes and find out in 45 seconds.
Try Jerry

Easiest way to compare and buy car insurance

No long forms
No spam or unwanted phone calls
Quotes from top insurance companies
Find insurance savings