OUI Penalties

What are the Penalties for OUI in Massachusetts and New Hampshire?

The following describes the possible sentences and fines for OUI conviction in Massachusetts and New Hampshire.  If you’ve been charged with OUI, please call me so that I can explain how I can help you.

Massachusetts

FIRST OFFENSE

Incarceration: Not more then 2 ½ years House of Correction Fine: $500-$5,000

License Revocation: 1 Year

Hardship: Work/Education hardship license considered in 3 months, “general” hardship considered in 6 months

ALTERNATIVE DISPOSITION (M.G.L. c. 90 . 24D)

This is available to first time offenders or where there is only one previous OUI offense and the conviction for that offense was over 10 years before the arrest for the individual’s second OUI

Probation: for up to 2 years, mandatory DPH alcohol program in Massachusetts comparable out of state program for non-residents or students.

License Suspended: for 45-90 days, or 210 days for drivers under age 21.

Hardship: May apply for a hardship license 3 business days upon enrollment in the 24(D) class following the disposition of the criminal case. This includes any suspension for refusing a chemical test, and additional youth suspensions.

SECOND OFFENSE

Incarceration: Not less than 60 days and not more then 2 ½ years House of Correction Fine: $600-$10,000

License Revocation: 2 Years

Hardship: Work/Education hardship license considered in 1 year, “general” hardship considered in 18 months

ALTERNATE DISPOSITION

Probation: 2 years, with 2 week inpatient DPH alcohol program in Massachusetts.

License Revocation: 2 years.

Hardship: Work/Education hardship license considered in 1 year, “general” hardship license considered in 18 months.

THIRD OFFENSE

Incarceration: Not less than 180 days and not more then 2 ½ years House of Correction, or not less than 2 ½ years and not more than 5 years State Prison.

Fine: $1000-$15,000

License Revocation: 8 Years

Hardship: Work/Education hardship license considered in 2 years, “general” hardship considered in 4 years.

FOURTH OFFENSE

Incarceration: Not less than 2 years (1 year to serve) and not more then 2 ½ years House of Correction, or not less than 2 ½ years and not more than 5 years State Prison.

Fine: $1000-$15,000

License Revocation: 10 Years

Hardship: Work/Education hardship license considered in 5 years, “general” hardship considered in 8 years.

FIFTH OFFENSE

Incarceration: Not less than 2 ½ years (24 months to serve) House of Correction, or not less than 2 ½ years and not more than 5 years State Prison. Fine: $2000-$50,000 License

Revocation: Lifetime

Hardship: None.

New Hampshire:

CLASS B MISDEMEANOR

FINES: $500 – $1,200 + 24% penalty assessment fee

LICENSE SUSPENSION: 9 months to 2 Years; 6 months may be suspended if appropriate program is completed within 30 days

OTHER: Requirement of Impaired Driver Care Management Program (IDCMP) alcohol and drug abuse screening within 14 days with a full substance use disorder evaluation within 30 days of conviction if necessary as determined by initial screening. Potential Interlock device installation.

SECOND OFFENSE DWI WITHIN 2 YEARS

CLASS A MISDEMEANOR

FINES: $500-$2,000

JAIL: Minimum 60 days with 30 days suspended if evaluation is scheduled within 30 days of release and completed within 60 days of release

LICENSE SUSPENSION: Minimum of 3 years

OTHER: Mandatory full substance use disorder evaluation; must comply with service plan

SECOND OFFENSE DWI WITHIN 2-10 YEARS

CLASS A MISDEMEANOR

FINES: $750-$2000 plus 24% penalty assessment fee

JAIL: Minimum 17 days in the county facility, 5 days are mandatory;12 days can be suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release

LICENSE SUSPENSION: Minimum of 3 years

THIRD OFFENSE DWI

CLASS A MISDEMEANOR

FINES: $750-$2000 plus 24% penalty assessment fee

JAIL: Minimum 180 days in the county facility, 150 can be suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release

LICENSE SUSPENSION: Minimum of 5 years

FOURTH OFFENSE DWI

FELONY

LICENSE SUSPENSION: Indefinite, but can apply for a license after 7 years

AGGRAVATED DWI

CLASS A MISDEMEANOR

FINES: $750-$2000 plus 24% penalty assessment fee

JAIL: Minimum 17 days in the county facility, 5 days are mandatory;12 days can be suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release

LICENSE SUSPENSION: 18 months to 2 years; 6 months may be suspended

OTHER: Must install interlock device

AGGRAVATED DWI CAUSING SERIOUS BODILY INJURY

CLASS B FELONY

FINES: $1,000

JAIL: Minimum 35 days with 21 days suspended if IDCMP substance abuse evaluation scheduled within 30 days of release and completed within 60 days of release

LICENSE SUSPENSION: 18 months to 2 years; 6 months may be suspended if substance abuse evaluation is scheduled within 30 days of release.

The above details punishments issued by the Court during resolution of your case and are subject to change based on updates to the controlling law.  Loss of license for failing or refusing a breathalyzer or blood test are in addition to those penalties state above and can vary based on the facts and circumstance of the client and both the client’s driving and criminal record.

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