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DUI Penalties in Massachusetts

September 28, 2026 · LawDiver Research Team

Start with Mass. Gen. Laws ch. 90, § 24. In Massachusetts, BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense OUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock conditions for subsequent or high-BAC cases. Felony threshold: A third OUI can be a felony; OUI causing serious injury or homicide is a felony. That is the question this guide answers for DUI penalties. Lookback: Prior OUI convictions within lifetime enhance; lookbacks for certain enhancements are defined in § 24.. Ignition interlock: Ignition interlock is required for many repeat OUI offenders as a condition of license reinstatement.

Blood alcohol limits in Massachusetts

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Lookback window for prior offenses

Prior OUI convictions within lifetime enhance; lookbacks for certain enhancements are defined in § 24.

How the Massachusetts rule applies

Apply the Massachusetts authorities in order. The facts are simplified so the statute and the standard are visible.

A driver in Massachusetts is charged with a first impaired-driving offense and wants to know what the statute actually sets.

Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Read the first-offense range: First-offense OUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock conditions for subsequent or high-BAC cases.
Ask when the charge becomes a felony: A third OUI can be a felony; OUI causing serious injury or homicide is a felony. Lookback: Prior OUI convictions within lifetime enhance; lookbacks for certain enhancements are defined in § 24.
Interlock: Ignition interlock is required for many repeat OUI offenders as a condition of license reinstatement.

Massachusetts OUI under ch. 90 § 24 proceeds in district court with parallel RMV administrative actions. 24D dispositions may be available for eligible first offenders.

First-offense penalties

First-offense OUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock conditions for subsequent or high-BAC cases.

When a Massachusetts DUI becomes a felony

A third OUI can be a felony; OUI causing serious injury or homicide is a felony.

Ignition interlock and license consequences

Ignition interlock is required for many repeat OUI offenders as a condition of license reinstatement.

How a typical Massachusetts DUI case unfolds

Massachusetts OUI under ch. 90 § 24 proceeds in district court with parallel RMV administrative actions. 24D dispositions may be available for eligible first offenders.

Case law: DUI penalties in Massachusetts

Commonwealth vs. Charles F. White

Commonwealth vs. Charles F. White, 374 Mass. 132 (1977)

…to invoke the statutory presumption that the defendant was driving under the influence of intoxicating liquor. G. L. c. 90, § 24 (1) (e). At this point, the trooper prepared to place the defendant in a holding cell. Before doing so, the trooper searched the defendant’s person and discovered what appeared to be a marihuana cigarette in the defendant’s shirt pocket. The trooper…

Commonwealth vs. Charles F. White is worth reading on Massachusetts DUI penalties because the court put the point in its own words: "G. L. c. 90, § 24 (1) (e). At this point, the trooper prepared to place the defendant in a holding cell. Before doing so, the trooper searched the defendant’s person and discovered what appeared to be a marihuana cigarette in the defendant’s shirt pocket." Use that passage as the starting point, then read the facts that precede it.

Commonwealth vs. Daniel N. Neal

Commonwealth vs. Daniel N. Neal, 392 Mass. 1 (1984)

…urt of Colorado held that due process requires the State in driving under the influence cases to preserve a sample of a defendant’s breath, taken at the time the breathalyzer test is administered, for separate testing by the defendant. The court reasoned that “[t]he failure of the state to collect and preserve evidence, when those acts can be accomplished as a mere incident to…

On DUI penalties, Commonwealth vs. Daniel N. Neal speaks to the Massachusetts dispute in this passage: "Colorado held that due process requires the State in driving under the influence cases to preserve a sample of a defendant’s breath, taken at the time the breathalyzer test is administered, for separate testing by the defendant." The surrounding opinion shows how the court applied that language to the record.

William J. Alioto, Administrator, vs. Richard J. Marnell & Others

William J. Alioto, Administrator, vs. Richard J. Marnell & Others, 402 Mass. 36 (1988)

…in failing to prevent Michael from driving after he became intoxicated. We summarize the facts as asserted in the parties' affidavits and depositions, viewed in the light most favorable to the plaintiff. See, e.g., Coveney v. President of the College of the Holy Cross, 388 Mass. 16, 17 (1983), and case cited. Some time prior to November 10, 1982, the defendants' son Michael as…

Practitioners open William J. Alioto, Administrator, vs. Richard J. Marnell & Others when Massachusetts DUI penalties turns on the distinction in this sentence: "Michael from driving after he became intoxicated. We summarize the facts as asserted in the parties' affidavits and depositions, viewed in the light most favorable to the plaintiff. See, e.g., Coveney v. President of the College of the Holy Cross, 388 Mass." Do not lift it out of the facts the court was deciding.

Commonwealth vs. John A. Durning, Jr.

Commonwealth vs. John A. Durning, Jr., 406 Mass. 485 (1990)

…endent test, provide safeguards against the conviction of a driving under the influence suspect on the basis of an inaccurate result.” Id. at 22. • In Neal, a simulator test performed at the time of the single breath test provided evidence of accuracy, while the statutory right to an independent blood test allowed the defendant an opportunity to collect further evidence regardi…

On DUI penalties, Commonwealth vs. John A. Durning, Jr. speaks to the Massachusetts dispute in this passage: "endent test, provide safeguards against the conviction of a driving under the influence suspect on the basis of an inaccurate result.” Id. at 22. • In Neal, a simulator test performed at the time of the single breath test provided evidence of accuracy, while the statutory right t" The surrounding opinion shows how the court applied that language to the record.

Commonwealth vs. Kenneth P. Stathopoulos

Commonwealth vs. Kenneth P. Stathopoulos, 401 Mass. 453 (1988)

…e Commonwealth to prove “intoxication” in a prosecution for driving under the influence of intoxicating liquor. We reject any such requirement. In Connolly, we held that “the Commonwealth must prove beyond a reasonable doubt that the defendant’s consumption of alcohol diminished the defendant’s ability to operate a motor vehicle safely” (emphasis deleted). Commonwealth v. Conno…

Massachusetts opinions such as Commonwealth vs. Kenneth P. Stathopoulos are cited where DUI penalties is disputed. The court stated: "Commonwealth to prove “intoxication” in a prosecution for driving under the influence of intoxicating liquor. We reject any such requirement." That is the language to brief; the rest of the decision supplies the procedural posture.

Robert G. Dowling, Third v. Registrar of Motor Vehicles & another

Robert G. Dowling, Third v. Registrar of Motor Vehicles & another, 425 Mass. 523 (1997)

…med. So ordered. The plaintiff had no prior convictions for driving under the influence of alcohol and enrolled in a driver alcohol education program. Under G. L. c. 90, § 24 (1) (c) (1), the registrar is required to suspend for one year the license of any individual convicted of driving under the influence of alcohol, first offense, in Massachusetts. However, under G. L. c. 90…

Practitioners open Robert G. Dowling, Third v. Registrar of Motor Vehicles & another when Massachusetts DUI penalties turns on the distinction in this sentence: "So ordered. The plaintiff had no prior convictions for driving under the influence of alcohol and enrolled in a driver alcohol education program. Under G. L. c." Do not lift it out of the facts the court was deciding.

Commonwealth vs. Joseph Atencio

Commonwealth vs. Joseph Atencio, 12 Mass. App. Ct. 747 (1981)

…of this opinion. 1. The motions to dismiss the complaint of driving under the influence of liquor and to suppress or limit evidence of intoxication were properly denied at the stage of trial when that was done. The motion judge found (a) that, when arrested, Atencio “was in a drunken condition and needed medical care”; (b) that Atencio was assisted from his vehicle, handcuffed,…

Massachusetts opinions such as Commonwealth vs. Joseph Atencio are cited where DUI penalties is disputed. The court stated: "The motions to dismiss the complaint of driving under the influence of liquor and to suppress or limit evidence of intoxication were properly denied at the stage of trial when that was done." That is the language to brief; the rest of the decision supplies the procedural posture.

Commonwealth vs. Joshua D. Mandell

Commonwealth vs. Joshua D. Mandell, 61 Mass. App. Ct. 526 (2004)

…s language, § 5A restricts itself to offenders charged with driving under the influence of alcohol. It contains no language concerning operation of a motor vehicle while under *528 the influence of marijuana or any other drug. We are not free to add language to a statute for the purpose of interpreting it according to what we might imagine to be the Legislature’s objective. See…

On DUI penalties, Commonwealth vs. Joshua D. Mandell speaks to the Massachusetts dispute in this passage: "A restricts itself to offenders charged with driving under the influence of alcohol. It contains no language concerning operation of a motor vehicle while under *528 the influence of marijuana or any other drug." The surrounding opinion shows how the court applied that language to the record.

Key takeaways

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback period: Prior OUI convictions within lifetime enhance; lookbacks for certain enhancements are defined in § 24.
First-offense range: First-offense OUI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock conditions for subsequent or high-BAC cases.
Felony threshold: A third OUI can be a felony; OUI causing serious injury or homicide is a felony.
Ignition interlock: Ignition interlock is required for many repeat OUI offenders as a condition of license reinstatement.
Primary authority: Mass. Gen. Laws ch. 90, § 24.

Frequently asked questions

What is the legal BAC limit in Massachusetts?