• State Penal Code – MGL chap. 90 sec. 24
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – Year round
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Massachusetts are:

1st Refusal

• 180 day license suspension

2nd Refusal

• 3 year license suspension

3rd Refusal

• 5 year license suspension

• Massachusetts has a lifetime lookback period
• Any prior conviction for DUI/DWI can be factored in when determining penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

• A BAC of .02%, but not more than .07% will result in a 30 day drivers license suspension.

1st Offense

• 1 year license suspension

• $500 – $5000 fine (the minimum fine rises to $1000 if a passenger under the age of 14 was in the vehicle as per Melanie’s Law)

• Prison (2 1/2 year maximum sentence, minimum is at judges discretion unless a passenger under 14 was in the vehicle. In that case the minimum sentence is set at 90 days as per Melanie’s Law)
• you will be required to attend a court approved Alcohol Education Program

2nd Offense

• 2 year license suspension

• $600 – $10,000 fine

• Prison (30 day minimum, 30 month maximum)
• you will be required to attend a court approved Alcohol Education Program
• Installation of Ignition Interlock Device

• In Massachusetts there are no specific penalties in place for a high BAC violation
• It is generally acknowledged that a BAC of .20% and above will yield significantly higher penalties at the discretion of the judge
• In addition to this, Massachusetts has “Melanie’s Law”
• This law adds mandatory minimum penalties to a first offense if a passenger under 14 years of age was in the vehicle at the time of the violation, regardless of BAC level

• Massachusetts DUI/DWI law contains a unique special provision known as “continuance without a finding” (CWOF)
• Depending on the circumstances of your case, you may qualify for CWOF
• A CWOF is similar to a plea bargain
• You are admitting that the state has enough evidence to convict you
• If the motion is granted, you are immediately placed on probation
• Your case will continue while you are on probation, however there will be no guilty verdict provided you fully comply with the terms of your probation. Your case will then be dismissed.
• The major benefit of this is that your criminal record will remain clean, as you have not been convicted of a crime
• A CWOF will still count as a prior violation, and you will face enhanced penalties as a result of it.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Massachusetts an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Massachusetts does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved