Second Offense OUI in Massachusetts

The MA Gen L ch 90 § 24 subjects OUI (Operating Under the Influence) offences to fines and imprisonment. A second OUI offense occurs when a driver has a prior conviction or has been ordered by a court to complete an alcohol education program due to a similar violation before the current offense. A second OUI in Massachusetts generally attracts higher fines and a longer jail term than a prior offense. These harsher penalties show the state's strong position on deterring repeat offenses and protecting public safety.

Is a 2nd OUI a Felony in Massachusetts?

No, a second OUI offense in Massachusetts is a misdemeanor. The penalties for such an offense are significantly higher than those for a first OUI offense. However, a second OUI offense can escalate into a felony if the incident resulted in serious bodily injury or death or if the person has prior convictions for related serious crimes.

What is the Lookback Period for a Second OUI in Massachusetts?

Massachusetts has a lifetime lookback period. The Massachusetts Registry of Motor Vehicles (RMV) considers any OUI conviction a prior offense, regardless of when or where the incident occurred. Second OUI convictions will earn drivers a "Repeat Offender" label and appear on their criminal records during background checks.

What are Aggravating Factors in a Second OUI?

Aggravating factors refer to elements that can increase the penalties of a second OUI in Massachusetts. Examples of such factors are:

• Driving with a minor in the vehicle
• Blood Alcohol Concentration (BAC) was 0.15% or higher
• An accident resulting in injury or death
• Chemical test refusal
• Driving on a suspended license

What Happens If You Get a 2nd OUI in Massachusetts

According to the MA Gen L ch 90 § 24, the penalties for a second OUI offense include:

• A fine of between $600 and $10,000
• Two years of supervised probation
• 60 days to 2.5 years in jail (30 days mandatory)
• Completion of a 26-week outpatient aftercare program
• A 14-day inpatient Driving Under the Influence of Liquor program
• Driver's license suspension for 2 years (with three additional years if the person refused a chemical test or analysis of breath or blood)
• A year waiting period after suspension before applying for a hardship license for employment or education purposes
• A waiting period of 18 months after suspension before applying for a hardship license for other purposes
• Installation of an Interlock Ignition Device on all vehicles belonging to the offender for the duration of the hardship license.

How Long Does a Second OUI Stay On Your Record in Massachusetts?

Massachusetts is one of the strictest states regarding OUI laws and penalties. The law does not permit expungement of OUI offenses. Second, OUIs remain on a person's record permanently, which can seriously impact the offender's ability to get hired, receive lower car insurance rates, and even secure housing.

How Much Does a Second OUI Cost in Massachusetts

A second OUI offense in Massachusetts results in a financial penalty usually between $600 and $10,000. Aggravating factors such as having child passengers in the vehicle during the violation or refusing to submit to chemical tests can significantly increase the fines. Second OUI also comes with additional financial costs, including:

• A $30 new license fee
• A $700 license reinstatement fee
• A $250 head injury assessment fee
• A $50 fee for victims of drunk driving assessment
• A $125 initial ignition interlock device (IID) installation
• About $85 fee for IID monthly monitoring fees
• A $30 IID monthly program administration fee
• A $25 fee for the removal of the restriction on the license

Chances of Going to Jail for a Second OUI in Massachusetts

Anyone guilty of a second OUI violation in Massachusetts would be sentenced to a jail term ranging from 60 days to 2½ years in a house of correction. However, the minimum mandatory jail term is 30 days. This jail sentence can be increased if aggravating factors like Blood Alcohol Content of 0.15% or higher, bodily injury to victims, or death are present. For instance, incidents involving physical injuries or death may potentially increase the jail term to 5 years or more.

Driver's License Suspension for a Second OUI in Massachusetts

A Second OUI conviction in Massachusetts may result in a two-year suspension of a driver's license. Those who refused a breathalyzer test will be given an additional three years' suspension, making it five years. To qualify for a second offense hardship license, the person has to complete a 14-day inpatient program. After the program, the person should provide the Massachusetts Registry of Motor Vehicles (RMV) with a Discharge Summary and proof of compliance with the aftercare ordered by the program. Documentation indicating hardship should also be provided. Those who need a hardship license for employment or educational purposes can apply for it within one year of the suspension. However, those needing it for general purposes must wait 18 months.

Ignition Interlock Device Requirement

The Massachusetts Registry of Motor Vehicles (RMV) Ignition Interlock Device (IID) Program requires second OUI offenders to install an IID in their vehicle. Both drivers with hardship licenses and those eligible for license reinstatement must install and use an IID. An IID is a breathalyzer linked to a car's ignition that requires a clean breath test to start a vehicle and periodic retests while driving. The minimum period for an IID restriction for second OUI offenders is two years. If the IID is issued as part of a conditional hardship license, it must remain installed for the entire duration of the OUI-related license suspension or revocation, and an additional two years after full driving privileges are restored. The offender is responsible for all the costs associated with the IID, including leasing, maintenance, and a $30 monthly program administration fee. The RMV does not automatically remove the IID license restriction after the restriction period. The offender must request a hearing with an RMV officer to have the device removed and the license restriction lifted. The process starts by scheduling an appointment through the myRMV portal.

OUI School and Substance Abuse Treatment

Some OUI offenders in Massachusetts may be eligible for a mandatory state-approved substance use education program as an alternative to incarceration and harsher consequences (Mass. General Laws c.90 § 24D). They must attend a 14-day residential program encompassing medical assessments, therapy sessions, recreational activities, and educational modules. The court can also refer an offender to the Middlesex Driving Under the Influence of Liquor (DUIL) Program, which offers comprehensive substance use education and treatment. After completing these programs, offenders must sign a Second Offender Aftercare Contract and be referred to the Second Offender Aftercare (SOA) programs. The SOA offers tailored clinical support to meet the specific needs of the offenders. The referring court will receive regular updates on the offender's progress.

Probation Conditions

Under Mass. Gen. Laws c.90 § 24D, second offenders whose first offense occurred ten years or more earlier may be placed on mandatory 2 years probation instead of facing incarceration. The standard terms of the probation will include:

• Cooperate with any probation staff investigations
• Installation of Ignition Interlock Device (IID)
• Compliance with court-ordered programs like a driver alcohol education program and/or an alcohol or controlled substance abuse treatment or rehabilitation program
• Pay court-order program fees, and an additional $250 to the chief probation officer.

Community Service Requirements

Some Massachusetts Courts can require second OUI offenders to meet community service requirements as a condition of probation. This requirement can include serving at least 30 hours in public service or a community work project (Mass. Gen. Laws c.90 § 24D).

Impact on Auto Insurance

A second OUI conviction significantly affects an offender's auto insurance. It can lead to cancellation or non-renewal of the policy, and offenders might find it challenging to secure a new policy with another provider. Even if they can purchase a new policy, their insurance rate will increase drastically. Auto insurance companies classify insureds with second OUI convictions as high-risk drivers and offer them higher premiums or limited coverage options.

Which Courts Handle OUI Cases in Massachusetts?

In Massachusetts, most misdemeanor OUI offenses are heard in the District Court. However, the Superior Court will handle felony OUI offenses, especially those involving death or serious injuries. The following is the contact information for five key courts in central Massachusetts that handle serious OUI cases:

Middlesex County Superior Court
200 Tradecenter Drive
2nd Floor
Woburn, MA 01801
Phone: (781) 939-2700
Fax: (781) 939-0951
Email: Middlesex.clerksoffice@jud.state.ma.us

Worcester County Superior Court
225 Main St.
Worcester, MA 01608
Phone: (508) 831-2300
Fax: (508) 798-3216
Email: Worcester.clerksoffice@jud.state.ma.us

Essex County Superior Court
56 Federal St.,
Salem, MA 01970
Phone: (978) 744-5500
Fax: (978) 741-0691
Email: Essex.clerksoffice@jud.state.ma.us

Suffolk County Superior Court
3 Pemberton Square
Boston, MA 02108
Phone: (617) 788-8160
Fax: (617) 788-7798

Norfolk County Superior Court
650 High Street
Dedham, MA 02026
Phone: (781) 326-1600
Email: Norfolk.clerksoffice@jud.state.ma.us

The Massachusetts Registry of Motor Vehicles (RMV) is responsible for licensing drivers, registering and inspecting motor vehicles, and collecting motor vehicle-related fees in the state. The RMV also handles license suspensions, maintains driving records, and oversees the Ignition Interlock Device (IID). Individuals seeking license hearings or appeals can visit any RMV Service Center statewide.

Can You Get an OUI on a Horse in Massachusetts?

Individuals cannot get an OUI on a horse in Massachusetts. The MA Gen L ch 90 § 1 defines a vehicle as a motorized vehicle in the context of OUI statutes, and a horse is not classified as such. Therefore, riding a horse while intoxicated does not meet the legal requirements for an OUI in Massachusetts. However, it is important to note that while intoxicated horse riders may not face OUI charges, doing so may have legal consequences (e.g, punished under MA Gen L ch 272 § 77 for animal cruelty).