The Massachusetts OUI law is M.G.L. c. 90 sec. 24.
A second offense carries the following potential penalties
- Jail in a house of correction up to 2.5 years
- License loss of up to five years
- Fines up to $10,000
- Mandatory alcohol treatment program
- Two years of probation
- Mandatory installation of a breathalyzer (ignition interlock device) in all vehicles you own, operate or control
- Driving a vehicle without a breathalyzer (interlock) after a second OUI conviction results in a mandatory minimum six months jail sentence and additional ten-year loss of license
A common alternative sentence to avid jail results in a suspended jail sentence of 60 days to 2.5 years (meaning you don’t have to go to jail if you complete probation successfully), two weeks in an inpatient alcohol treatment program at Tewksbury state hospital for which you must pay $1400). At least one year of weekly aftercare meetings at $40/per meeting.
12-HOUR HARDSHIP LICENSE
If you complete the treatment program successfully and are otherwise in compliance with probation, you are eligible to apply for a 12-hour hardship license one year before your suspension expires.