Massachusetts OUI penalties by offense
The penalties for operating under the influence in Massachusetts rise sharply with each prior offense. This page summarizes the statute and the RMV's license tables in plain terms, with links to both.
Last reviewed · Information, not legal advice
The offense
Massachusetts calls the crime operating under the influence, or OUI. It is defined in M.G.L. c. 90, § 24(1)(a)(1): operating a motor vehicle on a public way, or a place the public can access, with a blood alcohol percentage of 0.08 or more, or while under the influence of alcohol, marijuana, narcotic drugs, depressants, or stimulants. The state can prove the case with a test result, with evidence of impairment, or both.
Criminal penalties
The figures below come from section 24. They are ranges set by law; the judge decides where in the range a sentence falls, and many cases end in other ways, such as a 24D disposition.
| Offense | Fine | Jail or prison |
|---|---|---|
| First | $500 to $5,000 | Up to 2½ years, or a fine, or both |
| Second | $600 to $10,000 | 60 days to 2½ years; at least 30 days must be served |
| Third | $1,000 to $15,000 | 180 days to 2½ years (at least 150 days served), or 2½ to 5 years in state prison |
| Fourth | $1,500 to $25,000 | 2 to 2½ years (at least 12 months served), or 2½ to 5 years in state prison |
There is also a $250 assessment on every OUI conviction, probation, or continuance without a finding, plus a separate $50 assessment under the same section. Courts can also add probation and program fees.
License consequences
The RMV applies these suspensions after it receives notice of a conviction. Its table for drivers 21 and over:
| Conviction | License suspension | Ignition interlock |
|---|---|---|
| First | 1 year | No |
| Second | 2 years | Yes |
| Third | 8 years | Yes |
| Fourth | 10 years | Yes |
| Fifth | Lifetime |
From the second offense on, the RMV also requires you to pass a learner's permit exam and a road test before reinstatement. The ignition interlock guide explains Melanie's Law.
A first offender can often avoid the full one-year loss through a 24D disposition, which carries a 45 to 90 day suspension and an alcohol education program instead. Section 24 also allows a hardship license after part of the suspension has run in some cases; see the hardship license guide.
Suspensions stack
The RMV says suspensions from the same incident are served consecutively. A conviction suspension does not begin until a refusal suspension has been served in full. Someone who refused the breath test and is later convicted can face both.
Aggravated cases
Other sections cover OUI that causes serious bodily injury (§ 24L), OUI with a child 14 or younger in the car (§ 24V), and operating after a license suspension for OUI (§ 23). The RMV lists longer suspensions for each. These are serious charges, and anyone facing them should speak to a lawyer right away.
Where the case is heard
An OUI in Boston or Winthrop is heard in the Boston Municipal Court division that covers the place of arrest. Elsewhere it goes to the district court for that town. The courts and RMV page lists addresses and phone numbers.
Penalties change when the legislature amends the law. Read the statute linked below and confirm with a licensed Massachusetts attorney before relying on any figure here.
Who you will deal with
Central Division, Boston Municipal Court
Edward W. Brooke Courthouse, 24 New Chardon Street, Boston, MA 02114
More offices, with notes, are on the local resources page.
Find local help
Listings come from public records or from the business itself. A listing is not a recommendation.
Common questions
Is a first OUI in Massachusetts a felony?
No. Under M.G.L. c. 90, § 24 a first offense is punishable by up to two and a half years in a house of correction, which makes it a misdemeanor. A third offense can be prosecuted with a state prison sentence, which makes it a felony.
Will I go to jail for a first offense?
The statute allows up to two and a half years but has no mandatory minimum jail term for a first offense, and many first offenses are resolved through the 24D program. What happens in any one case depends on the facts and the court; ask a lawyer.
How far back do prior offenses count?
The statute counts prior convictions and alcohol program assignments from any jurisdiction, and the RMV says it counts every prior OUI on your record. There is no look-back limit in the sections summarized here.
What is the $250 assessment?
Section 24 imposes a $250 assessment on anyone convicted of OUI, placed on probation, or given a continuance without a finding or an admission to sufficient facts. Most of it goes to the Head Injury Treatment Services Trust Fund, and the court cannot reduce or waive it.
Sources
Official sources checked on October 29, 2026.