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DRINKING AND DRIVING LAW IN MASSACHUSETTS

SUMMARY OF MASSACHUSETTS DRUNK DRIVING LAW

In the Commonwealth of Massachusetts, it is illegal to drive a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. In Massachusetts, a DUI or DWI is called an OUI, or “Operating Under the Influence”. Massachusetts also has what is known as “Melanie’s Law”. This law was enacted in 2005 and increased the penalties for drunk driving in Massachusetts. Drivers who hold a commercial Driver’s License will suffer additional administrative license penalties if they submit to a breath test with a reading of .04 or greater.

THE IMPLIED CONSENT LAW IN MASSACHUSETTS

The implied consent law in Massachusetts means that as a driver in the State of Massachusetts, you agree to submit to a chemical test of your blood or breath if law enforcement has a reasonable suspicion to believe you are under the influence of Alcohol or Drugs. The penalties increase further with a 5-year suspension for two prior DUIs and a lifetime suspension if you refuse the test and have 3 previous drunk driving offenses. (See Chart below for suspension periods for various OUI offenses)

OUI Chart of Suspensions:

Suspensions for Refusing the Breath Test / Taking a Breath Test:

  • First Offense – 180 days
  • Second Offense – Three (3) years
  • Third Offense – Five (5) Years
  • Fourth Offense – Lifetime
  • Under 21 – Three (3) years


If you successfully defend an OUI case with a Dismissal or Not Guilty, the lawyer can pursuant to Mass.Gen.L.ch. 90, § 24(1)(f)(1) file a motion to return the license and have a hearing if there are no other alcohol related charges pending against said defendant. At the hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety.

COMMONWEALTH OF MASSACHUSETTS BLOOD ALCOHOL CONCENTRATION (BAC) LEVELS

  • All drivers with a BAC of .08 or higher.
  • Drivers under the age of 21 will suffer additional administrative License penalties if they submit to a breath test with a reading of .02 or greater.
  • Drivers who hold a Commercial Driver’s License will suffer additional administrative License penalties if they submit to a breath test with a reading of .04 or greater.

Contact Shield Law today to best understand your legal options. 

DRUG CRIMES:

In Massachusetts, drug crimes are taken very seriously and are often prosecuted to the full extent of the law. The Massachusetts Controlled Substances Act categorizes drugs into different classes (A through D), and the severity of the charges often depends on the drug class and the quantity involved.

The state has implemented strict regulations to combat drug trafficking and abuse, reflecting community concerns for safety and public health. Knowing these laws and how they are applied can significantly impact the outcome of your case.

ASSAULT AND BATTERY:

Assault charges encompass a wide range of offenses with varying degrees of severity. This creates both opportunities and challenges in legal proceedings, as charges may potentially be reduced or dismissed based on the circumstances, while conversely, they may also be elevated to more serious accusations that constitute battery.

Although the “assault” and “battery” are separate terms, in most cases, they go hand-in-hand. By definition, in an act of physical violence, assault refers to the act that causes the victim to apprehend imminent physical harm, while battery refers to the actual act of causing physical harm.

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