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.
More Information About My OUI/DUI/Drunk Driving Practice
- OUI Penalties
- License Loss
- Criminal Defense
- Drunk Driver Accidents
- OUI/DUI/DWI Practice
- Andover Injury Lawyer, Criminal Defense & OUI Attorney
- Drunk Driving, Traffic Offenses & Tickets
- Operating Under the Influence of Alcohol
- BUI Charge
- Can I be charged with OUI or Drunk Driving without a breathalyzer test in Massachusetts?
- How long will my license be suspended in Massachusetts if I refuse to take a breathalyzer test?
I would invite you to call me at (978) 851-5145 or fill out the contact form below to schedule a meeting at your convenience.
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“I was caught on Lidar traveling 83 mph in a 55 mph zone in Lowell, but against all odds, I won my appeal in traffic court, all thanks to Mr. King.
I called various law practices in search for the right lawyer. Some other lawyers I called made brief mention of how tricky my case would be, but then repeatedly emphasized their high overall success rate in traffic court instead of discussing my specific case, and I got the feeling I was speaking to a salesperson rather than someone who would have my best interests in mind.
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Mr. King had me meet with him in person so we could discuss in greater detail my side of the story and what he would be able to do to help. He was as honest as possible in helping me understand what the cost of his services were, and what the benefits of his representation would be, so that I could then decide if it would be worth it. He was clear that I didn’t have much of a legal argument at my disposal, and the best I could hope for was the clerk’s sympathy and leniency given my otherwise clean driving record. Given that he teaches several courses at UMass Lowell Law School and that Lowell is his home court, Mr. King was also able to explain in detail the inner workings of the Lowell district traffic court and his track record with similar cases. All this information and advice was shared before the signing of any contracts or checks, which further convinced me that Mr. King truly had my best interests in mind and was not just trying to sell his services no matter what.
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