LEGAL GUIDE
Written by attorney James M. Milligan Jr.

Drinking and Driving Laws in Massachusetts

SUMMARY OF MASSACHUSETTS DRUNK DRIVING LAW

In the Commonwealth of Massachusetts it is illegal to drive a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. The .08 percentage limit for adults is the standard measurement of the “impaired" driver across the United States. In Massachusetts, a DUI or DWI is called an OUI, or “Operating Under the “Influence". Massachusetts also has what is known as “Melanie’s Law". This law was enacted in 2005 and increases the penalties to the drunk driving law in Massachusetts.

THE IMPLIED CONSENT LAW IN MASSACHUSETTS

The implied consent law in Massachusetts means that as a driver in the State of Massachusetts you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. Melanie’s law significantly increases the amount of time your license will be suspended for refusing a breathalyzer test. If you do refuse a test your license will be suspended for 180 days if you have no prior drunk driving offenses. If you refuse a test, and have one prior drunk driving conviction your license will be suspended for 3 years. The penalties increase further with a 5 year suspension with two prior DUI’s and a lifetime suspension if you refuse the test and have 3 previous drunk driving offenses.

COMMONWEALTH OF MASSACHUSETTS BLOOD ALCOHOL CONCENTRATION (BAC) LEVELS

  • All drivers with a BAC of .08 or higher.
  • Under 21 with a BAC of .02 or higher.
  • Commercial Vehicle Driver with a BAC of .04 or higher

Free Q&A with lawyers in your area

Avvo DUI email series

Can’t find what you’re looking for?


Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer