Massachusetts State Laws and IID Requirements
There are a number of penalties in Massachusetts for drunk driving. The state uses Operating Under the Influence (OUI) to identify this offense, and the legal limit in the state is a .08 percent blood alcohol content (BAC). First offenders may receive penalties including jail time and fines. Their driver’s license may be suspended, but some offenders can regain their driving privileges by obtaining a hardship license, which requires the installation of an IID. Penalties increase for repeat offenders.
What are the Penalties for a OUI in Massachusetts?
First Offense
- Jail sentence up to two-and-a-half years
- $500 to $5,000 in fines
- Some offenders may receive the jail sentence OR the fine, and some will receive both
- Upon arrest, driver’s license suspended for up to 30 days, until their DUI court date (offenders are entitled to a hearing within 15 days to request license reinstatement)
- Following conviction, driver’s license may be suspended for one year (or more depending on the circumstances of the offense) by the Massachusetts Registry of Motor Vehicles
- May need to install an IID to regain driving privileges
Second Offense
- Jail sentence of 60 days to two-and-a-half years
- $600 to $10,000 in fines
- Driver’s license suspended for up to two years
- Must install an IID
- Offender may be required to attend a two-week long inpatient treatment program
- Offenders may have to pass a learner’s permit exam and road trip to obtain driving privileges
Third Offense
- Jail sentence minimum of 180 days, up to five years
- $1,000 to $15,000 in fines
- Driver’s license suspended for three years
- Must install an IID
There may be increased penalties if injuries were caused by the drunk driving incident.
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What Happens if I Refuse an OUI Test in Massachusetts?
The state of Massachusetts has an implied consent law. An implied consent law means anyone who is driving has agreed to have their blood or breath tested for alcohol if they are stopped by law enforcement. Refusing a test can result in a license suspension of 180 days for first offenders, three years for second offenders, and five years for third offenders. The driver’s vehicle could be impounded for 12 hours of the offense, and the RMV will be notified of the license suspension within 24 hours.
How Can I Regain Driving Privileges in Massachusetts?
Some drivers can get driving privileges back if they install an IID and meet other criteria. These criteria include:
- Hold a valid MA license at the time of the offense
- Can’t have operated a vehicle since the suspension
- Install an interlock from a state-approved provider and provide proof of the installation
- Wait out the necessary portion of the suspension period if required
- If applying for a hardship license*, must show documented proof of the hardship with a letter from your employer verifying your work schedule - this letter cannot be more than 30 days old
- Pay any fees or fines required
- Finish jail sentence or court-ordered community service or treatment
- Enroll in/or have completed the 24D alcohol education program
- Attend any RMV hearings required
*Offenders seeking an interlock restricted license after completing their related OUI suspension period do not need to prove a hardship.
Offenders might have to meet additional criteria depending on the circumstances of the offense.
ADS MA Interlock Devices
ADS devices are easy to use and feature bilingual prompts. ADS has a vast partner network, with more than 5,500 service centers nationwide. You can find one near you, and keep in mind you will be returning regularly for calibration. At your appointment, technicians will also show you how the device works and provide you with proof of installation.
What is an Ignition Interlock Device?
Ignition interlock devices are installed into a vehicle’s ignition, and will not allow the driver to start the car until they pass a breath alcohol content (BrAC) test. The devices also require random retests during most trips to prevent tampering. All failed tests are reported to the state monitoring authority.
How Long is an IID Required in MA?
The length may vary depending on the circumstances of the offense.
Ignition Interlock Cost in Massachusetts
Offenders in MA are required to pay for the device on their own. They are leased, not purchased outright. ADS devices are affordable and cost between $2.50 and $3.50 per day to lease.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.