Massachusetts DWI law can be a very tricky to navigate. Most of the confusion comes from people who do not know their rights. People often do not know if they have to submit to a breathalyzer test, or what the legal limit even is before they are DWI. It is of vital importance to know your rights so that you do not get yourself into even more trouble.

Misdemeanor vs. Felony?

According to Massachusetts DWI law, your first offense is a misdemeanor. However, it can still carry severe penalties. It is important to know that your DWI can become a felony if it includes either of the following, it involves death or a serious injury, or it is your third or more offense. If it is your first or second offense for DWI, then there is a small chance you end up spending time in prison. In Massachusetts, you also will not only face penalties from the courts but also from the Registry of Motor Vehicles.

Can You Refuse a Breathalyzer Test?

This is one of the most common points of confusion. Many people think they do not have to submit to a breathalyzer test if they are pulled over. That is correct to a certain extent. In Massachusetts specifically, failing to submit to a breathalyzer test for the first time can result in having your driver’s license suspended for 180 days. If your being arrested for the 2nd time on a DWI charge and refuse to take a breathalyzer your license will be suspended automatically for three years. Each time you are arrested for DWI and refuse to take breathalyzer the longer your license will be suspended for. However, not submitting to a breathalyzer test does not automatically prove you are guilty.

Massachusetts DWI

Some states have different meanings and consequences for DWI, OUI, and DUI. OUI stands for operating under the influence, and DUI stands for driving under the influence. In Massachusetts however, they all mean the same thing. Massachusetts uses your blood alcohol content when determining whether you are driving under the influence. Massachusetts DWI law thresholds vary depending on your age and if you are driving a commercial vehicle or your own. If you BAC is over the set amount you will still be arrested even if you are driving perfectly. The amounts are as follows

0.08% or above―Drivers 21 years old or older operating regular passenger vehicles
0.04% or above―Drivers operating commercial vehicles
0.02% or above―Drivers younger than 21 years old

Massachusetts DWI Law Penalties

1st Offense:

  • License suspension for one year
    $500 – $5,000 fine
    Possible of jail time up to 2 1/2 years
    Possible alcohol education program

2nd Offense:

  • License suspension of two years
    $600 – $10,000 fine
    Possible jail time between 60 days and 2.5 years. The judge can lower this 30 days; otherwise, you are not eligible for parole until you serve 30 days.

3rd Offense:

  • Felony charge
    License suspension for eight years
    $1,000 – $15,000 fine
    Possible jail time between 180 days and 2.5 years, or prison time between 2.5 years and 5 years. Your judge can reduce the sentence to 150 days; otherwise, you are not eligible for parole until you serve 150 days.
    Possible alcohol education program
    Mandatory installation of an ignition interlock device
    Possible vehicle registration revocation

4th Offense:

  • Felony charge
    License suspension for ten years
    $1,500 – $25,000 fine
    Between 2 and 2.5 years in jail, or between 2.5-5 years in prison. Your judge can reduce the sentence to 1 year; otherwise, you are not eligible for parole until you serve at least one year.
    Possible alcohol education program
    Mandatory installation of an ignition interlock device
    Possible vehicle registration revocation
    Possible motor vehicle forfeiture

5th Offense:

  • Felony charge
    License revocation: up to lifetime
    $2,000 – $50,000 fine
    Possible jail time of at least 2.5 years, or prison time between 2.5-5 years. Your judge can reduce this to 2 years; otherwise, you are not eligible for parole until you serve at least two years.
    Vehicle registration revocation
    Possible motor vehicle forfeiture
    Possible alcohol education program

The punishments listed above only include the possibilities handed down by the courts. In Massachusetts when you get a DWI, the Registry of Motor Vehicles can also impose their own consequences. The RMV punishments usually include more fines and added time to your license suspension.

Know What To Do Next

DWI is very common in America. According to a study by the CDC, there are over 300,000 incidents of drinking and driving daily. Knowing your rights improves your chances of beating the charge significantly. The best thing to do if accused of a DWI is to call a lawyer. Massachusetts DWI law can be very complicated, but a lawyer with a lot experience can understand every aspect of your case. Most of the time he or she can have you either acquitted or get you the least severe punishment possible. Being accused of DWI can cause you a massive headache, but with the right lawyer, it will be a thing of the past before you know it.