Operating Under the Influence (OUI) in Massachusetts refers to the criminal offense of operating a motor vehicle while impaired by alcohol, drugs, or other intoxicating substances. The legal limit for blood alcohol concentration (BAC) is 0.08% for adults (21+), and for drivers under 21, it’s 0.02%. You can also be convicted of OUI if you’re BAC is under those amounts or if it’s unknown. OUI laws also apply to impairment caused by illegal drugs, prescription medications, or other substances. Penalties include fines, license suspension, mandatory education programs, and possibly jail time. Repeat offenders face more severe consequences, including longer suspensions and harsher penalties.
Understanding Operating Under the Influence (OUI) in Massachusetts
Elements of an OUI in Massachusetts
To prove that you’re guilty of OUI, the Commonwealth must demonstrate three critical elements:
- That you were operating a motor vehicle,
- On a public way or a place with public access,
- At a time when you were under the influence of alcohol or drugs, impairing your ability to operate the vehicle safely.
Field sobriety tests and breath tests are often used as evidence in OUI cases, but the results of these tests can be challenged. It’s important to know that the burden of proof is on the state to prove your impairment beyond a reasonable doubt.
What Are Field Sobriety Tests in Massachusetts?
Field sobriety tests in Massachusetts are a series of physical and cognitive exercises administered by police officers to determine whether you’re impaired by alcohol or drugs. Common tests include:
- the walk-and-turn,
- the one-leg stand, and
- the horizontal gaze nystagmus (HGN) test, which involves following an object with the eyes.
These tests aim to evaluate coordination, balance, and attention, but they can be subjective and influenced by factors like:
- fatigue,
- nervousness, or
- medical conditions.
While field sobriety tests are often used as evidence in an OUI (Operating Under the Influence) case, they are not always reliable indicators of impairment. Drivers in Massachusetts have the right to refuse to take these tests. The effectiveness of field sobriety tests is frequently challenged by defense attorneys, especially if external factors impacted your performance.
Is Operating Under the Influence a Felony in Massachusetts?
In Massachusetts, OUI offenses are generally classified as misdemeanors for first and second offenses. However, under certain conditions, an OUI can be charged as a felony. A third or subsequent OUI offense, an OUI that results in serious bodily injury, or a case where someone dies as a result of the OUI can all lead to felony charges.
With a felony OUI, you could face severe penalties, including extended time in state prison, longer license suspensions, and hefty fines. These penalties are even more severe under Melanie’s Law, which increased penalties for repeat offenders.
What Is the Sentence for an OUI Conviction in Massachusetts?
The sentence for OUI varies depending on whether it is a first offense, a second offense, or a subsequent offense. For a first or second offense, you face up to 2 ½ years in the House of Correction. jail,
For a third or subsequent offense, the penalties increase significantly. A third offense carries a minimum mandatory jail term of 180 days 150 of which must be served. There’s no way to shorten that time. The sentence for each OUI you’re charged with after that gets increasingly harsh. You might also be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of reinstatement.
What Happens When You Get Your First OUI in Massachusetts?
A first-time OUI offense is generally treated as a misdemeanor, but the penalties can still be significant. You face a maximum penalty of 2 ½ years in the House of Corrections. You may lose your license for up to 1 year, and you may be fined up to $5,000. In addition to a license suspension, you could also face mandatory participation in an alcohol education program.
In some cases, first-time offenders may qualify for an alternative disposition. This usually results in the following:
- A Continuation Without a Finding of Guilt (CWOF),
- Probation for 1 year,
- 45 day loss of license,
- 24D Driver Education Program, and
- Hefty fees and fines.
What Happens When You Get a Second OUI in Massachusetts?
When you get a second OUI in Massachusetts, the penalties increase. The Massachusetts Legislature treats second offenders more harshly, considering them to be more dangerous to public safety. You’ll face automatic license suspension, increased fines, mandatory jail time, and potential long-term consequences on your driving record.
The alternative disposition on a second offense usually includes:
- A guilty plea,
- 60 days to 6 months House of Corrections suspended sentence,
- A 14-day hospital in-patient program,
- 2 year loss of license,
- Extensive fines and fees.
What Counts as Being Under the Influence of Alcohol in Massachusetts?
In Massachusetts, you are considered to be under the influence of alcohol if your ability to operate a vehicle is impaired. This determination can be made through field sobriety tests, breath tests, and observations made by law enforcement officers.
Blood alcoholconcentration (BAC) is a common measure, and a BAC of 0.08% if you’re more than 21 years old or higher is considered legally intoxicated. If you’re under 21, a BAC of 0.02% is considered intoxicated.
Even if your BAC is below 0.08% or 0.02%, you could still be charged with OUI if the arresting officer believes you are too impaired to drive. The influence of drugs, including prescription medications, can also lead to an OUI charge.
How Likely Is Jail Time for a First OUI Offense in Massachusetts?
For a first offense, jail time is not common, but it is still a possibility, especially if aggravating factors are present. The maximum jail time for a first OUI is 2 ½ years, but most first-time offenders avoid significant jail time through probation, fines, and alcohol education programs.
However, if you are convicted of a third offense or greater, you face a minimum mandatory jail term. That means that a judge cannot sentence you to anything less.
Do You Lose Your License Immediately After an OUI in Massachusetts?
Yes, if you are arrested for OUI, your license may be suspended immediately if you refuse a breathalyzer test or fail it. Massachusetts follows an implied consent law, meaning that by driving in the state, you have consented to chemical testing if law enforcement suspects you of driving under the influence.
Refusing a chemical test can result in an automatic 180-day license suspension for a first offense. The length of the suspension increases for subsequent refusals or if you have prior convictions. While you may apply for a hardship license, the suspension is a serious consequence of an OUI arrest.
What to Do If You Get Pulled Over for an OUI in Massachusetts
If you are pulled over for suspicion of OUI, it’s important to remain calm and cooperate with the police officer. You are required to provide your driver’s license and registration, but you are not obligated to answer questions about where you’ve been or how much you’ve had to drink.
You have the right to refuse field sobriety tests and a breath test. Your refusal cannot be used against you at trial, but a breath test refusal will result in a license suspension. It’s crucial to consider the pros and cons of refusal based on your specific situation, especially since refusing the test denies the police one of the most critical pieces of evidence in OUI cases.
How Long Does an OUI Stay on Your Record in Massachusetts?
An OUI conviction will remain on your criminal record for life in Massachusetts. This means that it will show up on background checks, which could impact your ability to secure certain jobs, professional licenses, or housing. However, some individuals may be eligible to have their record sealed after a period of time.
Sealing your record can help you move forward, but it does not erase the conviction entirely. Additionally, OUI offenses are also recorded on your driving record, which can affect your insurance rates for several years.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.