{"id":374006,"date":"2016-03-31T21:35:35","date_gmt":"2016-04-01T02:35:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-oui-laws.html"},"modified":"2024-02-27T01:50:45","modified_gmt":"2024-02-27T06:50:45","slug":"massachusetts-oui-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-oui-laws.html","title":{"rendered":"Massachusetts OUI Laws"},"content":{"rendered":"\n
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Massachusetts OUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Massachusetts laws relating to drugged and drunk driving are serious. While some know this crime as a DUI, in Massachusetts, it’s called "operating under the influence" (OUI). No matter whether we are talking DUI, DWI, or OUI, it is illegal and dangerous. Punishment for this crime can be severe.<\/p>\r\n

Conviction for driving under the influence of alcohol or drugs includes jail time, steep fines, lengthy driver’s license suspension, and expensive ignition interlock requirements.<\/p>\r\n\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/h3>\r\n<\/td>\r\n<\/tr>

"Per Se" BAC Limit<\/a><\/td>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/td>\r\n0.02%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/td>\r\n0.2%<\/td>\r\n<\/tr>
Implied Consent<\/a> to Submit to BAC Test?<\/td>\r\nYes<\/td>\r\n<\/tr>
 <\/td>\r\n<\/tr>

Select Penalties<\/h3>\r\n<\/td>\r\n<\/tr>

Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/td>\r\n1 year (reduced w\/ alcohol education course)\/2 years \/8 years<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/td>\r\nYes<\/td>\r\n<\/tr>
Vehicle Confiscation<\/a> Possible?<\/td>\r\nYes<\/td>\r\n<\/tr>
Ignition Interlock Device<\/a> Possible?<\/td>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: <\/b>State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Massachusetts Operating Under the Influence Law<\/h2>\r\n

More commonly called "driving under the influence<\/a>" (DUI), Massachusetts refers to its DUI law as "operating under the influence," or OUI. States often have different terminology, but it’s the same crime.<\/p>\r\n

The Commonwealth of Massachusetts prohibits the operating of a motor vehicle with a blood alcohol content (BAC) of 0.8% or more or while you are under the influence of:<\/p>\r\n