Massachusetts

Code Section
Ch. 90 §24

BAC Legal Limit
.08% BA (<.05%, presumption is not under the influence; .05-.08% BAC, no presumption); under age 21:.02%

Rehabilitation Required?
1st offense: appropriate to defendant with his/her consent as a condition of probation upon written finding that appropriate and adequate treatment is available to defendant and defendant would benefit and safety of public would not be endangered; minimum 14 days in residential alcohol treatment program (defendant pays cost)

Driver’s License Suspension?
1st: 1 yr.; 2nd: 2 yrs.; 3rd: 8yrs.; 4th: 10 yrs. (can apply for new license on grounds of hardship and registrar’s discretion: 1st: within 3 mos.; 2nd: within 6 mos.; 3rd: within 2 yrs.; 4th: within 5 yrs.; 5th: revoked for life)

Other Penalties
1st: $500-5000 or up to 2½ yrs. jail or both (jail time may be ordered by court to be served only on weekends, evenings, and holidays); 2nd within 10 yrs.: $600-10,000 and 60 days to 2½ yrs. jail; 3rd within 10 yrs.: $1000-15,000 and 180 days to 2½ yrs. jail or same fine and 2½ to 5 years state prison; 4th within 10 yrs.: $1500-25,000 and 2-2½ yrs. or same fine and 2½-5 yrs. state prison; 5th or subsequent: $2000-50,000 and 2½ yrs. or same fine and 2½-5 yrs. state prison


Inside Massachusetts