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Massachusetts DUI State Law

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Massachusetts DUI Laws

Massachusetts Look Back Period
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Under Massachusetts DUI laws, you have just a short period of time to file a request to have your case heard by a judge or by a jury trial. If you have been arrested for DUI, you need to contact an experienced Massachusetts DUI lawyer right away to begin to fight the charges. It is critical to do this if you hope to reduce your charges or get them dropped.

Massachusetts Blood Alcohol Concentration Laws

  • Under Massachusetts DUI law, the following restrictions are in place.
  • Blood alcohol content of .08 percent is considered impaired and in violation
  • A zero tolerance level is in effect for those under 21, any trace of alcohol can lead to conviction
  • If your blood alcohol level is about .20 percent, you will face enhanced penalties. This may amount to as much as double the fines and jail time of a lower offense.

NOTE: Under Massachusetts DUI laws, you DO NOT have to take a chemical sobriety test when a police officer requests one. These cannot be used in a court of law as an admission of guilt, as they can in other states. Therefore, some Massachusetts DUI lawyers state that you should not take a breath test if arrested.

Massachusetts Look Back Period

Massachusetts does not set a look back period. Rather, there is a lifetime look back period in place, which means that prosecutors can use any conviction of DUI from anytime in your past to escalate your penalties and case filing status. It is critical to ensure that you work with a Massachusetts DUI lawyer to ensure that this does not happen to you.

Massachusetts DUI Laws for 1st Offense:

A first offense will result in the following penalties:

  • Fines from $500 up to $5000
  • Up to 2 ½ years of prison for a first offense!
  • Driver's license suspension for 1 year
  • Charged with a misdemeanor

Those driving with a child under 14 will face charges of Child Endangerment. This may mean 90 days in jail, up to 2 ½ years in jail, an additional $1000 to $5000 fine.

Massachusetts DUI Laws for 2nd Offense

A second offense may result in the following Massachusetts DUI penalties:

  • Fines of $600 to $10,000
  • Jail time of 30 days up to 2 ½ years
  • Driver's license suspension for 2 years
  • You may need to have an ignition interlock device installed on your car after that period.
  • Charged with a misdemeanor
  • Child endangerment rules still apply.

Massachusetts DUI Laws for 3rd Offense

  • A third offense of DUI in Massachusetts will escalate the case farther.
  • UP to a $15,000 fine
  • Jail time of 150 days up to 2 ½ years
  • Driver's license suspension for 8 years
  • Ignition interlock device required at your expense.
  • Charged with a misdemeanor
  • Child endangerment still applies.

Hire a Massachusetts DUI Lawyer

As one of the states with the heftiest fines for DUI, if you are charged with DUI, it is critical to contact a Massachusetts DUI lawyer as soon as possible to fight the charges. With their help, the reduction of fines, jail time and driver's suspension may be possible.

Contact Massachusetts Drunk Driving Attorneys


  • Amherst
  • Attleboro
  • Beverly
  • Boston DUI Lawyers
  • Brighton
  • Brockton
  • Chelsea
  • Everett
  • Fitchburg
  • Framingham
  • Holyoke
  • Lawrence
  • Leominster
  • Lynn
  • Malden
  • Marlborough
  • Medford
  • Methuen
  • New Bedford
  • Peabody
  • Pittsfield
  • Plymouth
  • Quincy
  • Revere
  • Salem
  • Taunton
  • Westfield
  • Woburn

Massachusetts DUI Legal Web Resources

Masschusetts DMV DUI Information Massachusetts State DUI Laws
Massachusetts Lawyer Directory
Massachusetts Law Library on DUI
Massachusetts Police DUI Information Massachusetts Superior Courts

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