Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death. This offense is referred to as Operating Under the Influence (OUI) in Massachusetts.

In Massachusetts, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN MASSACHUSSETS

In Massachusetts the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Massachusetts license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for 180 days for first offense, for three years second offense in three years, for five years for third offense in five years, and for your lifetime for the fourth and subsequent offense. For those between 18 and 21 years and who refuse to submit to a test, his/her license will be suspended for 30 plus 180 days for first offense, three years plus 180 days for second offense, five years plus 180 days for third offense and for your lifetime for fourth and subsequent offense. Those under 18 years who refuse to submit to a test will have his/her license suspended for three years plus one year for first offense, three years plus one year for second offense, five years plus one year for third offense and for your lifetime for fourth and subsequent offense.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense and may result in imprisonment for up to two and a half years and/or a $500 - $5000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Points will be added to your driving record.
   • Your license will be suspended for one year.
   • You may be eligible to drive using the OUI Hardship Criteria for 12 hours a day, if you meet the hardship requirements.
2. The second offense may result in imprisonment for 30 days to two and a half years and/or a $600-$10,000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Points will be added to your driving record.
   • Your license will be revoked for two years.
   • You may be eligible to drive using the Hardship License for 12 hours a day, if you meet the hardship requirements.
   • You may have to undergo a two week in-house program.
3. The third offense is treated as a Felony may result in imprisonment for 180 days to five years and/or a $1000-$15,000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Points will be added to your driving record.
5. Your license will be revoked for eight years.
6. You may be eligible to drive using the Hardship License for 12 hours a day, if you meet the reinstatement requirements.
7. You may have to undergo a 90 day in-house program and you will have to provide the Discharge summary to the Registry of Motor Vehicles (RMV) after completion of the program.
8. The fourth offense is treated as a Felony may result in imprisonment for one to five years and/or a $1500-$25,000 fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
9. Points will be added to your driving record.
10. Your license will be revoked for 10 years.
11. You may have to undergo a 90 day in-house program and you will have to provide the Discharge summary to the RMV after completion of the program.
12. The fifth offense is treated as a Felony and may result in imprisonment between two to five years and/or a $2000-$50,000 fine. Also, if convicted for the fifth or subsequent offenses of DWI, DUID or BAC:
13. Points will be added to your driving record.
14. Your license will be revoked for your lifetime.
15. If you fail the chemical test, your license will be suspended for 30 days or till the court case is completed which ever is shorter. Thereafter the court-ordered penalties are enforced.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. If you fail the chemical test, your license will be suspended for 30 days plus 180 days- the latter may be waived off if you undertake an alcohol education course approved by the Department of Public Health (DPH).
2. The license may be suspended or revoked for 30 days after the first conviction, for 90 days after the second conviction, and for a full year following the third or subsequent conviction.
3. The court may order a minor's license to be suspended for 180 days for the first conviction or suspended for one year for a subsequent conviction for any alcohol or drug-related offense (including possession and use) while driving; or a second offense of possessing or using alcohol by some one between 16 ½ - 18; or for changing or lying on your driver license, or even possessing an open alcoholic beverage container in addition to other penalties. If you fail the chemical test, your license will be suspended for 30 days plus one year- the latter may be reduced to 180 days if you undertake an alcohol education course approved by the Department of Public Health (DPH).
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if there is any detectable amount of alcohol.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Massachusetts laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Massachusetts driver license immediately with a suspension notice effective immediately, along with a Massachusetts Summons, or warrant, if applicable; and send the entire set to the Registrar. The driver is entitled to an administrative hearing within 15 days of the notice of suspension. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous driving record. If he has any alcohol related convictions or suspensions for this period, his license will be suspended or revoked. You may be eligible to drive using the Hardship License for 12 hours a day, if you meet the reinstatement requirements. The suspension or revocation after the final order of the hearing officer is mailed from the RMV. If the administrative hearing goes against the driver, he can ask for a review from the district court within 30 days. He will, however, have to serve the suspension/revocation until the district court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favour of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the RMV, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the alcohol education course approved by the Department of Public Health (DPH) or a comparable program (you will have to provide discharge summary to the RMV once you have completed the program), pay the reinstatement fee of $50- $1000 as applicable, and maintain proof of financial responsibility (SR-22), if required.
2. If you are being convicted, the Hearings Officer may order an ignition interlock device to be placed for breathalyser tests for two years on any vehicle you drive if you are eligible for reinstatement of your license even if you have installed it in the period of the Hardship license.
3. You may need to appear for a Hearing to reinstate your license. These are held on a walk in basis at the following locations from 8:30 am -4:45 pm at: Full Time Hearings Locations (Monday to Friday, exclusive of holidays): Boston, Brockton, Lowell, Lawrence, Springfield and Worcester. Part Time Hearings Locations: Beverly (Wednesday), New Bedford (Tuesday/Wednesday), North Attleboro (Wednesday/Thursday/Friday), South Yarmouth (Monday/Tuesday), Wilmington (Tuesday/Wednesday). For more details on reinstatement, call the Suspensions Department at (617) 351-7200.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• If you have an open container of an alcoholic beverage in your vehicle you may have to pay a $100- $500 fine. Those under 21 may also be arrested and your license may be suspended for this offense.
• If you use a false ID or license or alter it or use an ID or license belonging to someone else your right to operate in the state or your license may be suspended for six months without conviction. If convicted the suspension is for one year.
• Your vehicle may also be impounded for 12 hours and you will have to bear the storage, towing and maintenance costs if you refuse to submit to a test.