An OUI conviction could lead to multiple different penalties. Incarceration is possible, as are significant fines. Even if you avoid jail time, there will likely be licensing consequences.

What happens to your driver’s license after an OUI charge in Massachusetts?

Drivers will usually lose their license

You don’t even have to go to court for an OU I to affect your driver’s license in Massachusetts. The state could suspend your license for refusing a chemical test or failing one. If your blood alcohol concentration (BAC) is over 0.08%, you will likely lose your license for 30 days due to the failed test. First-time offenders can sometimes be eligible to avoid this penalty, but it is standard for most drivers.

After your conviction, you will face a longer suspension depending on your driving record. A first OUI will mean a one-year suspension of your license. A second offense will lead to a two-year suspension. A third OUI will cost you your license for eight years. The suspension increases to a full decade for a fourth OUI offense and will potentially last for life after a fifth OUI conviction.

Those with at least one previous OUI offense on their driving record will typically need to install an ignition interlock device in their vehicle after they get their license back. That means extra costs and steps just to drive yourself to work.

Fighting against an OUI protects your future and your freedom

Losing your license can be a significant hardship. You may have trouble getting to work or taking care of your family. In some cases, the loss of your driver’s license might also lead to the loss of your job.

Fighting back against OUI charges can help you avoid a criminal record of your license.

The Massachusetts Registry of Motor Vehicles explains that the blood alcohol content threshold for underage drivers is only 0.02% as compared to 0.08% for adult drivers. For a first OUI conviction, you face a maximum jail sentence of 2-1/2 years, a fine of between $500 and $5,000, and a 6-month revocation of your driver’s license which increases to one year if you are age 18 or younger. If you agree to enter the Youth Alcohol Program, you likely will serve a 1-year probation instead of a jail sentence.

Youth Alcohol Program

Under Massachusetts law, the RMV will suspend your underage driver’s license or learner’s permit even if you do not receive an OUI conviction. For instance, if you refuse to submit to a chemical test when law enforcement officers arrest you for OUI, or if you fail the breathalyzer test, the RMV will automatically suspend your license for 30 days. It will also add a separate 3-year Youth Alcohol Program suspension if this is your first OUI arrest. These suspensions are separate from and in addition to whatever suspension a court may impose if it convicts you of OUI.

To get your license back, you will need to enter a enter a Youth Alcohol Program accredited by the Massachusetts Department of Health. Be sure to provide proof of entry and proof of completion to the RMV. If you fail to complete the program, the RMV will resuspend your license.

There are three circumstances in which a motorist convicted of OUI in Massachusetts must install an ignition interlock device in his or her vehicle. One is if the motorist has been convicted of OUI two or more times but is eligible to receive a hardship license. The second is if the motorist has been convicted of OUI two or more times but is eligible to have his or her driver’s license reinstated. The third is if the court orders the motorist to utilize an ignition interlock device for any reason.

Ignition interlock devices work like breath test instruments, and they can prevent a vehicle from starting if the motorist has a nominal amount of alcohol in his or her system. Before starting the vehicle, the motorist breaths into the device. If the device registers a minimal amount of alcohol in the motorist’s breath, the device will prevent the vehicle from starting. In addition, motorists must submit to rolling retests, in which they must blow into the device while operating the vehicle.

It may seem unfair that an ignition interlock device can keep a motorist from driving simply because there is a registerable amount of alcohol in his or her system, especially if the motorist’s blood alcohol concentration is below the legal limit. For this reason, those facing OUI charges will want to ensure they wage a strong defense against these charges, to avoid this strict and unwanted consequence of an OUI conviction.

Children have their whole future ahead of them while at college, but underage drinking and OUIs can put that future at risk. Parents and children alike must be aware of those risks.

Here is what parents should know about underage OUIs.

What happens if your child is charged with an OUI?

Massachusetts has a zero-tolerance policy for underage drinking and driving. After all, it is not only illegal to drink and drive, but it is also illegal to even consume alcohol under the age of 21. That is why the BAC limit for underage drivers is set at 0.02%. Anything higher than that can make penalties increase exponentially.

Underage OUIs generally result in harsh consequences, including:

1. Immediate license suspension: If individuals under 21 are charged with an OUI, police will take away their driver’s license immediately. They will then notify the Registry of Motor Vehicles (RMV) of the suspension. Underage OUIs always involve license suspension of at least 30 days, but this could extend to anywhere between 180 days or three years, depending on the circumstances.
2. Participation in the Youth Alcohol Program (YAP): License suspension for underage OUIs is conducted through YAP under Massachusetts law. Young people charged with an OUI must complete the program and the license suspension before they can recover their driving privileges.
3. A charge on the child’s permanent record: The charges might differ depending on your child’s age and the circumstances of the OUI, but regardless, an underage OUI will remain on their permanent record for the rest of their life. It is possible to seal these records, but this is also why it is critical to fight the charges.

What can parents do?

Prevention is often the best strategy when it comes to driving under the influence. It can be helpful to speak with your children and ensure they understand that these consequences could impact their entire life.

However, in the event your child faces an underage OUI charge, it is critical to know that:

• You can appeal the charges before the district court, especially since Massachusetts’ Breathalyzer tests have come into question this year; and
• You should contact an experienced defense lawyer as soon as possible.

Preserving your child’s rights and future is of the utmost importance, and one mistake should not jeopardize that.

Since 2005, those convicted of two or more OUI offenses have been required to have their vehicles outfitted with devices that require them to use a breath test before they can hit the road. The devices can also require them to pull over while driving for periodic check-ups. The devices must stay in place for at least two years. This, of course, comes after the driver has already completed the process of getting their driving privileges back after serving any jail time, paying any fines and completing any other obligations.

The driver must pay for the device and is responsible for installation, maintenance and proper use. At the end of the mandated period, a person with an interlock device must apply to the Registrar of Motor Vehicles before it can be removed.

If the proposal by Cape Cod state Rep. Tim Whelan becomes law, those convicted of a first-offense OUI will have to join the interlock device program, greatly increasing the expense and consequences of a conviction. Whelan and safety advocates say the new requirements would lead to greater safety by keeping dangerous drivers off the road.

Everyone wants safer streets, but it’s important to remember that people accused of OUI must be presumed innocent until proven guilty in a court of law. With the penalties and consequences seemingly getting tougher all the time, it’s more important than ever that the accused seek out the best defense attorney they can find.

Because of a 2016 ballot initiative and 2017 law, a person over 21 may possess up to one ounce of marijuana with them. No more than five grams of marijuana may not be in a marijuana concentrate form.

The 2017 law legalizing recreational marijuana did not change the existing laws for driving a vehicle while impaired by marijuana or legal marijuana products. It is also illegal to drive while consuming marijuana.

Using marijuana in any amount may lead to driver impairment or at least constitute suspicion that the motorist is impaired. Accordingly, users should not drive after using marijuana or marijuana products. Instead, they should use public transportation, take advantage of a ride-sharing app or get a ride from a friend.

Marijuana, like alcoholic beverages, also falls within open container laws. A passenger may not have an open container of adult-use marijuana or marijuana product in the passenger area of their car while on the road or anywhere where the public has access.

An open container is defined as a package with a broken seal or that had its contents partially removed. Under the open container law, a trunk or locked glove department is not considered as a passenger area. Drivers may also face the risk of other charges such as possessing marijuana in unlawful amounts or underage possession of marijuana in any amount.

A motorist who is stopped or arrested for marijuana-impaired driving should seek legal representation. An attorney may, in some circumstances, challenge test results or other evidence and help assure that rights are protected.

One common defense is that the police were not legally justified to stop the driver or did not follow proper legal procedures when making the arrest. If successful, this defense can make evidence inadmissible in court and lead to the dismissal of the prosecution.

Another strategy is to challenge the credibility of the arresting police officer or the evidence taken at the scene. This is very difficult and usually requires video footage or a sober witness who is more believable. Important evidence includes the driver appearing sober, did not drink before getting in the car or has a medical condition having symptoms that give the appearance of intoxication such as a diabetic episode or low blood sugar.

Drivers may also try to challenge the accuracy of a breathalyzer, especially if this device was not functioning properly. This is usually unsuccessful because breathalyzers are accepted as being effective at measuring blood alcohol content levels even if the devices are not totally accurate. There may also be ways to challenge the effectiveness of other chemical tests if these were performed incorrectly.

There may also be other ways to explain why a sober diver appeared intoxicated. Physical impairments, injuries or disabilities hampered performance on field sobriety tests. Fatigue, allergies or contacts caused bloodshot eyes. Lack of sleep or medications can cause blurred speech. Poor performance during a field sobriety test may be blamed on confusing instructions.

Seeking legal representation as soon as possible increases the odds of mounting an effective OUI defense. An attorney can challenge evidence and assure that any reasonable defenses are presented.

A first-time OUI conviction may carry a term of imprisonment of up to 2½ years, a fine of $500 to $5,000 and license suspension for up to one year. A conviction without the option of entering any type of probationary or pre-trial diversion program may remain on a person’s criminal and driving records.

A OUI conviction can remain on a driving record for 10 years. This could lead to higher insurance premiums, questions from employers, notice to educational institutions and other problems.

There are some options to keep a first-time conviction off a record. A person may accept probation which is often called 24D probation. Judges and prosecutors have the discretion to grant this probation that is usually available to first-time offenders. Under this probation, the case is continued without finding until the successful completion of a program that normally includes completion of a state-approved alcohol education program.

The case will be dismissed if all the 24D probation agreement terms are successfully completed. Successful completion counts as a dismissal for most employers and education institutions.

But the judicial system and the Massachusetts Registry of Motor Vehicles still consider the case as an OUI conviction even if a 24B probation is successfully completed. That conviction may be used against offenders if they are ever charged with another OUI offense. This helps serve as a deterrent for repeat offenses but multiplies the consequences of future offenses.

A motorist charged with an OUI should seek immediate legal representation. An attorney can challenge evidence to fight a charge or seek the best resolution of charges.

State law grants bicycles with all the rights and responsibilities of vehicles. However, Massachusetts OUI law makes it illegal to operate a motor vehicle while being under the influence of alcohol or drugs. A motor vehicle, under Massachusetts law, is not a bike but a vehicle that is constructed and designed for propulsion by non-muscular power. Its legal definition specifically excludes motorized bicycles.

Some states, such as California, specifically address impaired biking and make it illegal. Other states do not explicitly address this but have included biking in their impaired driving laws.

For example, the driving of any vehicle while impaired is a crime in Oregon. Its laws also include bicycles under the definition of vehicles.

In Massachusetts, police could take impaired bicyclists into protective custody even though police cannot make an OUI arrest even if a motor was installed on the bicycle. Bicyclists, however, may face criminal prosecution for other suspected crimes such as underage drinking or possession of illegal drugs.

Nonetheless, there are obstacles to enforcing laws about impaired biking. It may be difficult for police to establish probable cause and determining that a person was biking while impaired. For example, a bicyclist may have swerved to avoid a pothole or other obstacle. An OLI for biking may also be a slippery slope by allowing police to detain a bicyclist for any reason.

Anyone stopped for an OUI should seek legal representation to assure that the police acted appropriately and to assure that their rights are protected. An attorney can help prevent illegal evidence from being used in a prosecution.

An OUI conviction follows from a blood alcohol concentration of 0.08 percent. Commercial drivers have a stricter limit of 0.04 percent. Motorists under 21 are held to an even lower standard of 0.02 percent or higher.

Compared to other states, Massachusetts insurance rates are greatly impacted by serious driving violations such as OUI. A conviction can raise annual rates by a mean of $1,162. This is 12 percent greater than the average rate increase in this country for a drunk driving conviction.

The average increase is 96 percent in Massachusetts while the average national increase is 72 percent. The average rate goes up from $1,201 to $2,363 in the Commonwealth.

Finding affordable insurance coverage after an OUI in Massachusetts is also difficult because its impact on premiums is especially severe. These convictions lead to greater rate increases than at-fault accidents, racing, reckless driving or other driving violations.

Most OUI penalties apply to violators of all ages but may vary on the facts of the offense committed by the driver. Massachusetts also lacks a maximum lookback period so that all past OUI convictions are considered when a court decides a driver’s sentence and penalties.

OUI convictions can result in imprisonment, license suspension and fines. Their severity depends on whether the OUI conviction was for a first, second or subsequent offense. Other penalties include mandatory use installation and use of an ignition interlock device, possible attendance in an alcohol education program and revocation of vehicle registration.

Penalties are more severe for conviction of OUI with a suspended license, with a passenger under 14-years-old or where there is a fatality. Offenders who are under 21 must also complete a youth alcohol program. Offenders who are between 18 and 21 face a license suspension that is six months longer and those under 18 receive an additional one-year suspension.

Legal representation should be sought to deal with these serious consequences. An attorney can help mount The Best Defense possible under the circumstances.

Exceeding the blood alcohol content limit of 0.08 constitutes a test failure which will result in the immediate license suspension for 30 days. Minors exceeding 0.02 face license suspension. OUI convictions remain on a driver’s record for their life. A first-time conviction carries prison time, one-year license suspension and a fine of $500 to $5,000.

The fine is only part of the possible financial penalties. Towing fees, cars storage, legal and court costs, surcharges, driver’s alcohol education program and other costs can raise this to over $8,000. Penalties increase for each subsequent conviction. For a fifth offense, a motorist may be imprisoned for two to five years, pay a fine of $2,000 to $5,000 and a lifetime license suspension.

There are other drunk driving offenses such as drunk driving under 21, drunk driving with a commercial driver’s license and driving drunk while already suspended for OUI. Driving under the influence with a child passenger under 14 are grounds for prosecution of OUI and child endangerment while OUI, which carries a penalty of 90 days to years of imprisonment, a $1,000 to $5,000 fine and license suspension for one year.

Drivers with a least two OUI convictions may seek an ignition interlock device if they are eligible for a hardship license or license reinstatement. This is a handheld device that is electronically connected to the vehicle’s ignition and will not allow the vehicle to start unless the driver can pass a breathalyzer. An IID may be required for up to two years. It has a $100 to $500 installation cost plus a monthly cost of at least $85.