Massachusetts DUI Court and RMV Penalties

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Massachusetts DUI Court and RMV Penalties

Court Penalties

First Offense:
45-90 day full license suspension, 1 year probation, 16 week outpatient “driver alcohol education program”

210 day suspension for drivers under 21, and those between ages 17-21 shall be assigned to a “14 day second offender in home program.”

Costs: $250 Head Injury Assessment, $250 DUI State Fee, $50 DUI Victim Assessment, $50 Victim Witness Fee, $953.26 Rehab Program Costs, and $65 per month probation fee.

Second Offense:
(within 10 years of first offense) 2 year full license suspension, 2 years probation, and “14 day in-patient residential drug and alcohol rehabilitation program”

Costs: $250 Head Injury Assessment, $250 DUI State Fee, $50 DUI Victim Assessment, $50 Victim Witness Fee, $953.26 Rehab program Costs, and $65 per month probation fee.

Third Offense:
8 year full license suspension, fines of $1,000-$15,000, 6 months-2_ years in the House of Correction (150 days of which must be served)

Costs: $250 Head Injury Assessment, $50 DUI Victim Assessment, and $90 Victim Witness Fee

Forth Offense:
10 year full license suspension, fines of $1,500-$25,000, 2-5 years in the House of Correction (one year of which must be served)

Costs: $250 Head Injury Assessment, $50 DUI Victim Assessment, and $90 Victim Witness Fee

Fifth Offense:
Full license suspension for life, fines of $2,000-$50,000, 2_-5 years in the House of Correction (two years of which must be served)

Costs: $250 Head Injury Assessment, $50 DUI Victim Assessment, and $90 Victim Witness Fee

Registry of Motor Vehicles Penalties

First Offense:
30 day loss of license for failing breath test. 180 day loss of license for refusing breath test. As long as you have enrolled in the driver alcohol education program, a hardship license allowing you to drive for any 12-hour period each day is available at the RMV three business days after your guilty plea or conviction. This hardship license will require you to pay a $300 reinstatement fee.

Second Offense:
30 day loss of license for failing breath test. 3 year loss of license for refusing breath test. A hardship license allowing you to drive for any 12-hour period each day is available at the RMV after your guilty plea or conviction, but only if you have completed both the 14 day in-patient residential drug and alcohol rehabilitation program and the 16 week outpatient treatment for second offenders. This hardship license will require you to pay a $500 reinstatement fee and install an “ignition interlock device” (see below) on your vehicle. To get a hardship license you must show a need to commute to work or school.

Third Offense:
30 day loss of license for failing breath test. 5 year loss of license for refusing breath test. A hardship license allowing you to drive for any 12 hour period each day is available at the RMV 2 years after your guilty plea or conviction. This hardship license will require you to pay a $1,000 reinstatement fee and install an “ignition interlock device” on your vehicle. To get a hardship license you must show a need to commute to work or school. Upon completion of the 8 year court-imposed license suspension, you may get your full license back without another reinstatement fee.

Forth Offense:
30 day loss of license for failing breath test. Life loss of license for refusing breath test. A hardship license allowing you to drive for any 12 hour period each day is available at the RMV 5 years after your guilty plea or conviction. This hardship license will require you to pay a $1,200 reinstatement fee and install an “ignition interlock device” on your vehicle. To get a hardship license you must show a need to commute to work or school. Upon completion of the 10 year court-imposed license suspension, you may apply for your full license.

Fifth Offense:
30 day loss of license for failing breath test. Lifetime loss of license for refusing breath test. For the fifth and subsequent offense, there is no possibility for reinstatement.

Important Notes:

• An “ignition interlock device” must be installed at your expense on every vehicle you own or operate. You will pay an installation fee, monthly rental fee, monthly or bi-monthly calibration fee, and a removal fee for each device required by law.
• If your case is dismissed or you are found not guilty, you may immediately apply to the court for restoration of your license. Your license must be restored unless the court finds you will endanger the public safety.
• Out of State Offenses: The Massachusetts Registry of Motor Vehicles Board of Appeals does not have jurisdiction over offenses that occur outside of Massachusetts. If your license has been revoked as a result of something that you did while in another state, you must go back to the state of the offense to have your license reinstated.