Massachusetts DUI/DWI Laws: Penalties, Court Process, and Records

In Massachusetts, the official term is OUI (Operating Under the Influence), though DUI and DWI are still used informally. The Commonwealth of Massachusetts enforces some of the strictest impaired driving laws in the country. The state prescribes severe penalties for individuals convicted of OUI crimes and permanent consequences for criminal records.

What Is an OUI (DUI/DWI) in Massachusetts?

An OUI differs slightly from a DUI in Massachusetts because an individual may only commit a DUI offense while driving. However, an individual may be found guilty of OUI in Massachusetts even if they did not drive a vehicle. Under Section 24 of the Massachusetts General Laws, an OUI/DUI occurs when a person operates a vehicle while impaired by alcohol, drugs, or both. Such individuals or drivers have a blood alcohol concentration (BAC) of 0.08% or higher.

Any commercial driver caught with a 0.04% BAC or higher in their system while driving on the road is also guilty of the crime. For drivers under 21 (zero tolerance) caught with a minimum of 0.02% BAC, the law also charges them with an OUI/DUI offense. A driver may also be charged with OUI if impairment is observed, even if the BAC level is below the statutory limit. Drug-related OUIs include illegal drugs, prescription medications, and marijuana impairment.

OUI Penalties in Massachusetts

Massachusetts uses a lifetime look-back period, meaning prior OUI convictions never “drop off” even for sentencing purposes. The following are examples of possible penalties that may be given to an individual convicted of OUI in the state:

• First OUI Offense (Misdemeanor):
  • Jail time for a maximum of two years (often with probation and participation in a court-assigned alcohol education program)
  • Fine from $500 to $5,000
  • License suspension for 1 year (eligible for hardship license after 3 months)
• Second OUI Offense:
  • Jail from 60 days to 2 years (minimum 30 days mandatory)
  • Fine from $600 to $10,000
  • License suspension for 2 years (hardship license possible after 1 year)
  • Mandatory court-assigned alcohol treatment program
  • An ignition interlock device (IID) is required to be installed on the offender’s vehicle
• Third OUI Offense (Felony):
  • Felony conviction
  • Jail from 180 days to 3 years (minimum 150 days mandatory)
  • Fine from $1,000 to $15,000
  • License suspension for 8 years
  • IID is required after reinstatement
• Fourth OUI Offense (Felony):
  • Jail from 2 to 5 years (minimum 1 year mandatory)
  • Fine from $1,500 to $25,000
  • License suspension for 10 years
• Fifth or Subsequent OUI Offense (Felony):
  • Up to 5 years in state prison
  • Permanent license revocation

Certain aggravating factors, such as BAC ≥0.15%, driving with minors, or causing injury/death, may result in harsher penalties for the OUI offense.

DUI/OUI Arrest and Court Process in Massachusetts

The OUI process in Massachusetts involves both administrative and criminal procedures for trials in a court:

1. Traffic Stop and Arrest – A police officer may stop a driver to conduct field sobriety tests, a breathalyzer test, and chemical tests to determine if the driver is impaired. In Massachusetts, a driver must consent to a breathalyzer test. If they refuse to take the test, an administrative penalty will be imposed, including suspension.
2. Booking and Charges – The accused is processed, fingerprinted, and formally charged with the crime.
3. Administrative License Suspension – The Registry of Motor Vehicles (RMV) may impose immediate suspensions for refusals or failed tests.
4. Arraignment – The charges are read, and the defendant enters a plea.
5. Pre-Trial Hearings – Defendants may challenge the test procedures, arrest circumstances, or negotiate plea agreements.
6. Trial – If no plea is reached, the case then proceeds to trial.
7. Sentencing – Upon conviction, the defendant is sentenced to jail time with fines, suspension, IID, and mandatory treatment.

Massachusetts offers an alternative disposition program for first-time OUI offenders. Such offenders are placed on probation and court-approved alcohol treatment programs.

How to Search for DUI/OUI Records in Massachusetts

Typical DUI/OUI records include blood alcohol concentration level, conviction type, penalties, and license actions. OUI records are public in Massachusetts and hence may be accessed by individuals through specific agencies, including:

• Massachusetts Trial Court Electronic Case Access (MassCourts): The Massachusetts Judicial Branch provides a system that allows the public to search for OUI cases by offender’s name or docket number.
• Registry of Motor Vehicles (RMV): This state department compiles driver records, including OUI convictions, suspensions, and IID requirements.
• Clerk of Court Offices: Individuals may contact the various court locations to obtain copies of certified court records, including OUI case files from the clerk of courts.
• The Massachusetts Department of Criminal Justice Information Services (DCJIS) offers official criminal history records to authorized officers and the general public.
• Third-PartyBackgroundCheckServices: Individuals can quickly conduct background checks on various websites and through third-party agencies. However, these records may lack accuracy.

How Long Does a DUI Stay on Your Record in Massachusetts?

Massachusetts has one of the strictest retention policies in terms of OUI records, as highlighted below:

• Criminal Record: An OUI conviction remains a permanent part of one's record. Massachusetts does not allow the expungement of OUI convictions.
• DrivingRecord: OUI convictions remain on an individual's driving record for life and affect future sentencing.
• Insurance and Employment: OUI convictions may result in higher insurance premiums for individuals and difficulties with employers and licensing agencies.

Massachusetts enforces some of the strictest impaired driving laws in the U.S., applying a lifetime look-back for all OUI convictions. The state uses OUI as the official legal term, though DUI and DWI remain common informally. Records are accessible through MassCourts and the RMV, and convictions remain permanently on criminal and driving records. For drivers, employers, and researchers, understanding Massachusetts’s OUI laws is essential, given the permanent impact of these offenses.