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Understanding Massachusetts OUI Laws (Part A)

According to the National Highway Traffic Safety Administration, roughly 30% of all Americans will be involved in a drunk driving accident during their lifetime. If you are a victim of a drunk driving accident in Massachusetts, knowing some basics about Massachusetts OUI laws can help you build a personal injury case against the person who caused your accident.

Even though the drunk driver involved in your accident didn't give much thought to the consequences of OUI, the state of Massachusetts takes drunk driving very seriously. The person who was operating under the influence is subject to a number of penalties and criminal charges under State law, but it is important to understand that an OUI conviction is separate from the compensation you may need to seek through a civil lawsuit.

Massachusetts OUI Laws: First and Second Offenses

According to Massachusetts OUI laws, a person is legally drunk if that person's blood alcohol level is .08 or more.

If the drunk driver who caused your accident is a first time offender and is convicted, the driver:

• May have to pay a fine of $500 to $5,000 to the state
• May have to spend up to 2 ½ years in jail
• May have their driver's license revoked for 1 year

A second time drunk driver offender:

• May have to pay a fine between $600 to $10,000 to the state
• Will be sentenced to a minimum of 30 days up to a maximum of 2 ½ years in jail
• May have their driver's license revoked for 2 years

These are not the only fees that a drunk driver can incur. They may also have to pay towing fees if their car was damaged significantly, in addition to bail fees and court fees, not to mention hefty car insurance hikes. If the driver retains an attorney, the driver will be responsible for the lawyer fees. The drunk driver also has to contribute $50 to the Victims of Drunk Driving Trust Fund. These fees are important as the financial situation of the drunk driver will impact your ability to recover compensation for your OUI accident injuries.

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