In Massachusetts, law enforcement can arrest you for DUI if you have a blood alcohol content of at least 0.08%. This state law also applies to intoxication by controlled substances.

Review the Massachusetts laws about driving under the influence of alcohol or drugs.

First-time offense

With no prior offenses in the past 10 years, you could receive these penalties for a DUI conviction in Massachusetts:

  • 12-month license suspension
  • $500 to $5,000 in fines
  • Up to 30 months in jail

In this case, you may also qualify for probation. Instead of jail time, you would have to complete a driver alcohol education course, substance use treatment if indicated and a year of probation. Penalties during probation include up to 30 hours of community service and a license suspension for 45 to 90 days.

Second DUI offense

A second conviction for DUI in 10 years can result in:

  • 24-month license suspension
  • $600 to $10,000 in fines
  • At least 60 days and up to 30 months in jail

To be eligible for probation after a second DUI, you must complete two weeks of inpatient substance use disorder treatment, subsequent outpatient treatment and two years of probation.

Third DUI offense

If you receive a third DUI conviction in 10 years, penalties may include:

  • Eight-year license suspension
  • $1,000 to $15,000 in fines
  • At least 180 days and up to 30 months in jail

Probation is not available for a third-time DUI. In addition, you could receive elevated charges for DUI with an underage passenger, refusing a breath test or causing bodily injury in an accident.