Second OUI Penalties in Massachusetts

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The Commonwealth of Massachusetts increased the penalties for multiple offense OUI offenders in 2005 through what’s known as “Melanie’s Law.” While Massachusetts treats first offenders very favorably, if you are caught driving drunk more than once, you are subjected to increased penalties. A second OUI conviction can lead to severe consequences.

Below are the penalties for getting a second OUI offense in Massachusetts.

No matter what level of OUI charge you are facing, McCormack Law is here to help. McCormack Law serves clients in Bristol, Plymouth, Barnstable county. Call McCormack Law or visit us online to speak directly with Attorney Ashley McCormack and get a free case evaluation if you have been charged with a second OUI.

What Is the Penalty for a Second OUI Offense in Massachusetts?

A second OUI offense has increased an increased penalty for Massachusetts drivers. This includes a mandatory minimum sentence of 60 days in jail. However, this minimum mandatory can be suspended under the terms of the plea.

A second OUI offense is a misdemeanor in Massachusetts. The penalties for a second OUI offense in Massachusetts include:

  • Mandatory minimum of 60 days in jail, which can be suspended. And a maximum potential penalty of Two and a half years in jail.
  • A fine ranging from $600-$10,000.
  • Your driver’s license will be revoked for two years.

What Is an Interlock Device?

In addition to the above penalties, after your first conviction of an OUI, the Commonwealth of Massachusetts requires that you install and use an ignition interlock device upon reinstatement of your license. An ignition interlock device is a breathalyzer installed into a vehicle that a driver blows into before operating their vehicle. If the driver blows and alcohol is detected, the car will not start.

You are also required to pay all fees associated with the installation and maintenance of the device.

Commercial Drivers

Commercial drivers convicted of an OUI offense face losing their employment. In the Commonwealth of Massachusetts, if a commercial driver is convicted of an OUI, they will lose their commercial license for one year.

After a second offense, a commercial driver may have their commercial license revoked permanently, resulting in them losing their livelihood.

Call a Massachusetts OUI Attorney Today

Having multiple OUI convictions in Massachusetts can be detrimental. An OUI conviction is life-altering, but it does not have to be life-ending. You need a lawyer on your side to advocate for you.

At McCormack Law, Attorney Ashley McCormack has the experience and skill requires to protect your rights. We believe in getting justice for every client, and we work hard for each of them. McCormack Law services Bristol, Plymouth, Barnstable counties. McCormack Law is committed to getting the best results for each client we serve.

If you have been charged with an OUI, call McCormack Law today or visit us online to get a free case evaluation or schedule a consultation.


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