Massachusetts Drunk Driving Laws

When is a Driver Considered to be Legally Drunk in Massachusetts?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is .04 percent or greater. Under Massachusetts law, school bus drivers are commercial drivers.
• Drivers under 21 are considered legally drunk when their blood alcohol level is .02 or greater.

Penalties for Drunk Driving in Massachusetts

• First-time offenders face imprisonment for up to two and one-half years, a fine of $500 to $5,000, or both. The driver’s license suspension period is 45 to 90 days.
• A person who commits a second offense faces imprisonment for 60 days to two and one-half years and a fine of $600 to $10,000. The driver’s license revocation period is two years. After one year, the offender may apply for a reinstatement due to hardship. If granted, the offender will be required to use an ignition interlock device for the duration of the hardship license.
• A person who commits a third offense faces imprisonment for 180 days to two and one-half years and a fine of $1,000 to $15,000, or imprisonment in a state prison for two and one-half to five years and a fine of $1,000 to $15,000. The driver’s license revocation period is eight years. After two years, the offender may apply for a reinstatement due to hardship. If granted, the offender will be required to use an ignition interlock device for the duration of the hardship license.
• A person who commits a fourth offense faces imprisonment for two years to two and one-half years and a fine of $1,500 to $25,000, or imprisonment in a state prison for two and one-half to five years and a fine of $1,500 to $25,000. The driver’s license suspension period is 10 years. After five years, the offender may apply for a reinstatement due to hardship. If granted, the offender will be required to use an ignition interlock device for the duration of the hardship license.
• A person who commits a fifth or subsequent offense faces imprisonment for at least two and one-half years or a fine of $2,000 to $50,000 and imprisonment in a state prison for two and one-half years to five years. The offender’s driver’s license will be revoked for life.

• Enhanced Penalties for Causing Serious Bodily Injury by Driving While Under the Influence
• Enhanced Penalties for DUI with a Child 14 or Under in the Vehicle
• Other Drunk Driving Penalties
• Action for Negligence in Sale or Serving Alcoholic Beverages to a Minor or to an Intoxicated Person
• Criminal Penalties for Furnishing Liquor to a Minor

Enhanced Penalties for Causing Serious Bodily Injury by Driving While Under the Influence

If a person drives with a BAC of .08 or greater and causes another person to suffer serious bodily injury, the offender will be punished by imprisonment in a state prison for two and one-half to 10 years and a fine of up to $5,000, or by imprisonment in a jail or house of correction for six months to two and one-half years and a fine of up to $5,000. Under Massachusetts law, “serious bodily injury” means bodily injury that creates a substantial risk of death or which involves either total disability or the loss or impairment of some bodily function for a substantial time.

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Enhanced Penalties for DUI with a Child 14 or Under in the Vehicle

A person who drives drunk while a child 14 or under is in the vehicle will be guilty of child endangerment while operating a motor vehicle under the influence. This crime is punishable by a fine of $1,000 to $5,000 and imprisonment in a correctional facility for 90 days to two and one-half years. For a second offense, the offender is subject to pay a fine of $5,000 to $10,000 and imprisonment in a correctional facility for six months to two and one-half years, or by imprisonment in a state prison for three to five years.

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Ignition Interlock

Repeat DUI offenders are required to use an ignition interlock device as a precondition to issuance of a new license following revocation for a period of two years.

Commercial Drivers

In addition to other penalties associated with Massachusetts’ DUI laws, a commercial driver who is convicted of DUI while operating any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. If a commercial driver commits a second DUI while driving any vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years.

Drivers Under 21

In addition to other penalties that may apply, a driver under 21 who is convicted of DUI for the first time faces a 210-day driver’s license suspension. The offender will also be assigned to a program specifically designed to educate and treat those who drive under the influence. If, however, the underage offender was 17 to 21 and he or she drove with a BAC of .20 or greater, the offender will be assigned to a driver alcohol treatment program known as the “14 day second offender in-home program.” This requirement is in addition to any penalties that may be imposed under the DUI penalties applied to adults.

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Action for Negligence in Sale or Serving Alcoholic Beverages to a Minor or to an Intoxicated Person

Massachusetts law permits actions to be brought against drinking establishments for injuries caused by the negligent sale or service of alcohol to a minor or to an intoxicated person. Although Massachusetts has a statute that prohibits the sale of alcohol to an intoxicated person, a violation of the statute may only be evidence of negligence. Under Massachusetts law, a person who brings an action for negligent sale or service of alcohol to a minor or to an intoxicated person must file an affidavit setting forth sufficient facts to raise a liability question, together with a complaint, within 90 days.

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Criminal Penalties for Furnishing Liquor to a Minor

Anyone who sells or delivers alcohol to a person under 21 with knowledge that the person is underage faces imprisonment of up to one year, a fine of up to $2,000, or both.

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