Massachusetts State Laws and Requirements

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Massachusetts DUI Classification

Massachusetts uses your blood alcohol content (BAC) to determine whether you're legally driving under the influence. Below are the BAC limits and their corresponding ages or qualifiers:

  • 0.08% or higher―Drivers 21 years old or older operating regular passenger vehicles
  • 0.04% or higher―Drivers operating commercial vehicles
  • 0.02% or higher―Drivers younger than 21 years old

MASSACHUSETTS IGNITION INTERLOCK DEVICE PROGRAM

In 2005, “Melanie’s Law” came into effect which increased the penalties for operating a motor vehicle under the influence (OUI) of alcohol or controlled substances. It also established the Ignition Interlock Device (IID) program, which requires multiple OUI offenders to install an IID for a prescribed period of time.

REINSTATING A SUSPENDED MASSACHUSETTS LICENSE
You must meet all requirements of your OUI suspension in order to reinstate your driver's license, including:
1. Completing your suspension period determined by your court order
2. Paying all fines, including any additional court costs
3. Serving jail time as determined by your court order
4. Completing an alcohol education program or other required education classes
5. Paying your license reinstatement fee, ranging from $100 to $1,200
6. Sometimes, drivers must also re-apply for their license (includes taking all the required tests, paying applicable fees)
Hardship Licenses

A hardship license is a restricted license in that it allows you to drive for a set 12 hour period, 7 days a week. Offenders who qualify as a first time OUI/ DUI offenders can apply for a Hardship License three days after entry of conviction or plea. Applicants who have multiple OUI/ DUI convictions are required to serve a portion of the suspension before applying for a Hardship License. Melanie’s Law requires that an IID be installed and used by both drivers with a conditional “hardship” driver’s license and by those operators whose drivers’ licenses are eligible for reinstatement following completion of the OUI license suspension or revocation periods.
First Offense DUI Hardship License Criteria and Form #21566:
1. Apply for a hardship license from the Registry of Motor Vehicles (RMV) if your regular driver's license has been revoked due to a first-time OUI offense
Multiple Offense DUI Hardship License Criteria and Form #20871:
1. Request an OUI hardship license from the RMV if your driver's license has been revoked AND you meet the qualifications for this particular type of license

Both forms and additional state information can be found at https://www.dmv.org/ma-massachusetts/automotive-law/dui.php.

 

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