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  • Matthew W. Peterson

What is the Punishment for OUI in Massachusetts?

Updated: Mar 13

In Massachusetts, a charge of operating under the influence (OUI) can have serious consequences, in terms of jail time, your driver's license, and your wallet. It's critical to hire a Massachusetts OUI attorney who will fight for you.

If you are under 21 when the offense occurred, there are different penalties and laws on OUI in Massachusetts.

OUI law in Massachusetts is complex and depends on your specific situation. Consult with an experienced drunk driving lawyer in Massachusetts about your situation before relying on the below information.

If you have been convicted of OUI before, you could be eligible for a 24D disposition. Find out more here. Jail Time A first-time OUI in Massachusetts does not require jail time, but the judge can sentence an OUI offender to up to two-and-a-half years in jail (House of Corrections). This jail time can be served on weekends or holidays for a first offense OUI in Massachusetts. This can be suspended for up to two years of probation.

If you have any previous OUI offenses, you may face mandatory minimum jail sentences. This jail time cannot be served on weekends.

For a second OUI offense in Massachusetts, a mandatory minimum of 30 days must be spent in jail, but this can be suspended if you agree to do a 14-day in-patient rehabilitation program. If your first OUI was more than 10 years ago, you may also be eligible for a 24D disposition under what's called a Cahill disposition.


A first OUI offense in Massachusetts can have fines ranging from $500 to $5,000, although there are other mandatory financial penalties as well. More previous OUI offenses will mean higher mandatory fines. Driver's License Suspension

Mandatory one-year suspension on first offense, but you may be able to get a hardship license after three months. This goes up to a three-year suspension after the first conviction or if you're under 21. Two previous OUI convictions means a five-year suspension, while more convictions means a lifetime driver's license suspension.

You may be able to reduce these suspensions upon completing certain conditions.

If you're charged with OUI in Massachusetts, it's important to get in touch with an OUI defense lawyer as soon as possible. Contact me today, and we'll get started on your defense.

My office is located in Boston, Massachusetts, but I handle criminal cases, including OUI, in all Massachusetts courts. Contact me at 617-356-8217.