Massachusetts Drunk Driving Law Offenses

Drunk driving offenses in Massachusetts are called OUI (Operating Under the Influence). Drunk driving is one of the most common and most penalized criminal offenses in the state. The threshold for intoxication to be legally presumed is a breath test reading of .08. Intoxication can be proven without the test. You have the right to refuse the breathalzyer test and any other field sobriety tests such as the walking a straight line, standing on one foot while counting, reciting the alphabet, touching a finger to the nose, 9 step heel to toe and turn, and the horizontal gaze nystagmus.

The most common penalties for a first offense are loss of drivers license up to 1 year and probation with mandatory participation in alcohol-drug education. However a first offense conviction is punishable for up to 2 years in prison.

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