In Massachusetts, if the driver has a blood alcohol content (BAC) of .08 or higher, then they will be arrested for an operating under the influence (OUI). If the driver is younger than 21, which is the legal drinking age in Massachusetts, then they will face penalties if they test at a BAC of .02 or higher. A driver under the age of 21 will also face criminal charges at a BAC of .08 or higher. If the driver refuses to take the breath or blood test, the police officer can confiscate their drivers license immediately.
A drivers first OUI conviction in Massachusetts earns them up to 30 months in jail. There are also numerous fines. There is an initial fine of $500 to $5,000. The driver also has to pay a $250 assessment fee and pay $50 to a DUI victim trust fund. Their license will also be suspended for one year, and they will have to attend a treatment program that the court will assign.
A second OUI offense in Massachusetts earns a jail term of 30 days to 30 months. The fine increases to $600 to $10,000. The drivers license will be suspended for 2 years, though they can apply for a hardship license after 1 year.
DUI / DWI facts and statistics in Massachusetts
- In 2017, 12 out of the 120 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 29 out of the 8,665 offenders caught for DUI / DWI were under the age of 18
- In 2018, 10 out of the 120 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 18 out of the 8,280 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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