The Massachusetts OUI law is M.G.L. c. 90 sec. 24.
A first offense carries the following potential penalties
- Jail in a house of correction up to 2 1/2 years
- License loss of up to one year for conviction
- Fines up to $5000
- Mandatory alcohol treatment program
Many MA OUIs are settled via the first OUI offender disposition. In exchange for your promise to complete and pay for [about $880] a 16-week alcohol education program, known as 24D, a judge will suspend your license for only 45 to 90 days. This would be in addition to the 180-day suspension if you refuse the breathalyzer or 30 days if you fail the one at the station. The roadside breath test isn’t admissible against you.
You are then eligible to apply for a 12-hour hardship license good during the balance of both the refusal and the OUI suspension for any 12 hours/day that you choose. Generally, you must be presently working or attending school to be eligible for a hardship license.
If you pay all your fines and fees and complete the treatment program and one year of probation without any further court involvement, the OUI charge is automatically dismissed and you don’t have to return to court for that to occur. At that point you can apply to have the charge sealed from view on your Massachusetts criminal record to most employers and the general public.