6Jul 2015

What is ‘legally drunk’ in Massachusetts

In Massachusetts, drivers less than 21 years are considered to be legally drunk if their blood alcohol level is more than .02, for non-commercial drivers above 21 years, they are legally drunk when their blood alcohol level is more than .08. On the other hand, commercial vehicle drivers are considering being legally drunk when their blood alcohol level is more than .04. School bus drivers are considered to be commercial drivers in Massachusetts.

Massachusetts Drunk Driving Penalties

For first time DUI offenders, they face the following penalties:

  • A prison sentence not exceeding 2 ½ years
  • A fine ranging between $500 and $5,000
  • The revocation period for the offender’s driver’s license is  45 to 90 days

 
For second time offenders, they face:

  • A prison sentence of 2 months to 2 ½ years
  • A fine ranging from $600 to $10,000
  • The revocation period for the offender’s driver’s license is  2 years, the offender may apply for a reinstatement due to hardship
  • The offender will be required to equip all the vehicles he/she uses with an ignition interlock device

 
For third time offenders, they face the following penalties:

  • A prison sentence of 6 months to 2 ½ years in a state prison
  • A fine of $1,000 to $15,000
  • The driver’s license revocation period is 8 years.
  • The offender will be required to equip all the vehicles he/she uses with an ignition interlock device

 
For a fourth or subsequent offenders, they face:

  • A jail term of 2 to 2 ½ years in a state prison
  • A fine ranging from $1,500 to $25,000
  • The driver’s license revocation period is ten years.
  • The offender will be required to equip all the vehicles he/she uses with an ignition interlock device

 
For commercial vehicle drivers, first time offender are disqualified from driving a commercial vehicle for a period of 1 year. However, if at the time of the offence the driver was transporting hazardous material then he/she will be disqualified for 3 years. For a second time conviction the driver will be disqualified to operate a commercial vehicle for life.

The Point System in Massachusetts

The Massachusetts Registry of Motor Vehicles (RMV) is responsible for awarding points when you are convicted of any traffic violation. Accumulation of too many points can lead to fines, reinstatement requirements, driver’s license suspensions and increased car insurance rates. Minor violation equal 2 points and major violation amount to 5 points.

 

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