Massachusetts Requirements
Massachusetts has a variety of penalties for drunk driving offenders. The legal term in the state is OUI or operating under the influence.
The MA Ignition Interlock Program
A driver is considered to be OUI if their blood alcohol content is at or above .08 percent. On a first offense, drivers can receive jail time, community service, and financial penalties. They could also have their license suspended for up to a year, plus a year of probation. Some may be able to regain their driving privileges during the suspension period if they install an ignition interlock device. Some offenders may also be able to get their license reinstated faster if they attend an alcohol education program.
Massachusetts allows some offenders to get back on the road during their license suspension period if they install an ignition interlock device. The results of all testing are sent to the state’s monitoring authority. In order to participate in the Massachusetts IID program, the device must be installed by a state-approved provider.
What Happens if I Get an OUI in Massachusetts?
First OUI Offense
- Up to two-and-a-half years in jail
- Fines from $500-$5,000
- License revoked for one year
- May be required to install an interlock device
Second OUI Offense
- 60 days to two-and-a-half years in jail
- Fines from $600-$10,000
- License revoked for two years
- May be required to install an interlock device
Third OUI Offense
- 180 days up to two-and-a-half years in jail
- Fines from $1,000 to $15,000
- License revoked for eight years
- May be required to install an interlock device
Penalties may increase if there are damages or injuries caused by the drunk driving incident. Some drivers may be able to avoid certain penalties if they agree to undergo alcohol education or treatment.
What Happens if I Fail to Complete or Refuse to Submit to an OUI Test in Massachusetts?
Massachusetts has an implied consent law. This means that under the law, it is considered that anyone who is driving has tacitly agreed to have their blood or breath tested for alcohol if stopped by law enforcement. Refusing a test does not mean you are free from consequences. Drivers who refuse a test can still get penalized. First offenders will have their license suspended for 180 days, second offenders for three years, and third offenders for five years.
How Do I Regain Driving Privileges in Massachusetts?
Some offenders are able to get driving privileges back during the suspension period if they install a state-approved interlock device. They must meet additional criteria, including:
- Install an IID from a Massachusetts approved provider, and provide proof of installation
- Finish out the necessary portion of the license revocation period
- Pay any related fines and fees
- Finish serving any jail time or complete court-ordered community service or treatment
- Must be enrolled in or have completed the 24D alcohol education program
- In addition to fines, pay any fees to the RMV and attend any RMV hearings required
Some offenders may have additional criteria to meet. It depends on the circumstances of the drunk driving offense.
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The Process: What to Expect
1. Consult with Legal Counsel
2. Get an Assessment
3. Obtain proof of SR-22 insurance
4. Schedule interlock install
5. Regular monitoring
6. Device removal
Interlock Cost in Massachusetts
Find an Install Location Near You
Expert OUI Attorneys in Massachusetts
Brian E Simoneau Attorney At Law
Framingham, MA 01701
Cohen Cleary, P.C.
Taunton, MA 02780
Coughlin Law Group PC
Boston, MA 02114
Murphy & Vander Salm
Worcester, MA 01609
Massachusetts FAQs
An ignition interlock device is an electronic device that acts as a sobriety aid, allowing the vehicle to start only if the driver is alcohol-free.
An ignition interlock may be required for some DUI offenders in order to regain driving privileges. If required by the court or state monitoring authority, the ignition interlock device must be installed by a state-approved interlock provider. Intoxalock is an approved provider in Massachusetts.
DUI offenders are required to pay for the cost of the device. Intoxalock customers who are required to get a device may pay a $74.99 to $100 deposit and a $29.99 setup fee at their installation appointment. Lease fees may total $49.99 to $95.99 monthly.
If you are required to install an IID, first you will choose a provider from the list of state-approved interlock companies. If you choose Intoxalock, our state specialists can help you make an appointment at a nearby service center location.
You should bring your Massachusetts driver’s license or state identification card, and the name of the registered vehicle owner. After installation, you may receive paperwork to share with the state monitoring authority.
Visit the Massachusetts locations page to review all locations in Massachusetts.
As your interlock term nears its end, you will need to visit an RMV that completes Suspension Hearings. You will complete a Hearing Sheet for removal and wait to be contacted for a removal hearing with the RMV. If the removal is approved, you can make your removal appointment at your interlock provider and move forward with removal.
You will need authorization to remove. Removing without authorization could result in further penalties.
Check the Massachusetts state page for all DUI penalties.
Yes, financial assistance is available and determined on a case-by-case basis by the state.
Our state specialists can help you find an attorney. There are several experienced DUI attorneys throughout the state we partner with who can help.
To see how an ignition interlock device works, visit our ignition interlock page and watch our video demonstrating how to use the device.
To learn more about ignition interlock information, please visit our ignition interlock device page.
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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
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.
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