Massachusetts G.L. c. 90, § 24: Operating Under the Influence (OUI/DUI)
If you're looking at this page, you may have just been arrested or received a citation. Take a breath. An OUI charge is serious—but you have options, and understanding what you're facing is the first step.
Call (978) 969-2890 for a free consultation.
You Just Got Charged. Here's What You Need to Know.
For nearly 30 years, we have helped people through exactly what you're experiencing right now. You don't have to face this alone. If you are looking at this page, you may have just received charging documents citing Massachusetts G.L. c. 90, § 24.
This is Massachusetts' primary OUI (Operating Under the Influence) statute—what other states call DUI or DWI. Understanding the charges, penalties, and what the prosecution must prove is the first step toward protecting your license and your future.If you're looking at this page, you may have just been arrested or received a citation. Take a breath. An OUI charge is serious—but you have options, and understanding what you're facing is the first step.
Call (978) 969-2890 for a free consultation.
This is Massachusetts' primary OUI (Operating Under the Influence) statute—what other states call DUI or DWI. Understanding the charges, penalties, and what the prosecution must prove is the first step toward protecting your license and your future.If you're looking at this page, you may have just been arrested or received a citation. Take a breath. An OUI charge is serious—but you have options, and understanding what you're facing is the first step.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 90, § 24 Prohibit?
Massachusetts General Laws Chapter 90, Section 24 makes it a crime to operate a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, or stimulant substances. The statute also prohibits operating with a blood alcohol content (BAC) of .08% or greater.
Massachusetts uses the term "OUI" (Operating Under the Influence) rather than "DUI" or "DWI." All three terms refer to the same offense. It is not illegal in Massachusetts to drink alcohol and then drive—it is only illegal to drive while "under the influence," meaning your ability to operate safely has been diminished.
A person does not need to be "drunk" to be found guilty of OUI. The Commonwealth only needs to prove that the defendant consumed enough alcohol to reduce their ability to operate a motor vehicle safely.
Massachusetts uses the term "OUI" (Operating Under the Influence) rather than "DUI" or "DWI." All three terms refer to the same offense. It is not illegal in Massachusetts to drink alcohol and then drive—it is only illegal to drive while "under the influence," meaning your ability to operate safely has been diminished.
A person does not need to be "drunk" to be found guilty of OUI. The Commonwealth only needs to prove that the defendant consumed enough alcohol to reduce their ability to operate a motor vehicle safely.
What the Prosecution Must Prove
To convict you under G.L. c. 90, § 24, the Commonwealth must prove three elements beyond a reasonable doubt:
Operation of a Motor Vehicle — You operated a motor vehicle. "Operation" requires that you were in the vehicle and intentionally manipulated some mechanical or electrical part of the vehicle that alone or in sequence would set the vehicle in motion.
On a Public Way or Place with Public Access — The operation occurred on a public way, or in a place where the public has a right of access, or in a place where members of the public have access as invitees or licensees (such as a parking lot).
Under the Influence OR .08% BAC or Greater — While operating, you were under the influence of intoxicating liquor (or drugs), OR your blood alcohol content was .08% or greater.
"Under the influence" means you consumed enough alcohol to reduce your ability to operate safely—by decreasing your alertness, judgment, and ability to respond promptly to emergencies. It also reduces mental clarity, self-control, and reflexes required for safe operation.
Operation of a Motor Vehicle — You operated a motor vehicle. "Operation" requires that you were in the vehicle and intentionally manipulated some mechanical or electrical part of the vehicle that alone or in sequence would set the vehicle in motion.
On a Public Way or Place with Public Access — The operation occurred on a public way, or in a place where the public has a right of access, or in a place where members of the public have access as invitees or licensees (such as a parking lot).
Under the Influence OR .08% BAC or Greater — While operating, you were under the influence of intoxicating liquor (or drugs), OR your blood alcohol content was .08% or greater.
"Under the influence" means you consumed enough alcohol to reduce your ability to operate safely—by decreasing your alertness, judgment, and ability to respond promptly to emergencies. It also reduces mental clarity, self-control, and reflexes required for safe operation.
Two Alternative Theories of OUI
Massachusetts recognizes two alternative theories for proving OUI—the prosecution only needs to prove one:
Theory 1: "Impairment" OUI — The Commonwealth proves that alcohol (or drugs) diminished your ability to operate safely. No specific BAC level is required. This is proven through observations of driving, appearance, field sobriety tests, and other evidence.
Theory 2: "Per Se" OUI — The Commonwealth proves your BAC was .08% or greater at the time of operation. No proof of impairment is required—the BAC level alone is sufficient for conviction.
Important: A breathalyzer reading alone—without expert testimony—cannot prove you were "under the influence." It can only show that you consumed alcohol. However, a reading of .08% or greater is sufficient to prove the "per se" theory.
Theory 1: "Impairment" OUI — The Commonwealth proves that alcohol (or drugs) diminished your ability to operate safely. No specific BAC level is required. This is proven through observations of driving, appearance, field sobriety tests, and other evidence.
Theory 2: "Per Se" OUI — The Commonwealth proves your BAC was .08% or greater at the time of operation. No proof of impairment is required—the BAC level alone is sufficient for conviction.
Important: A breathalyzer reading alone—without expert testimony—cannot prove you were "under the influence." It can only show that you consumed alcohol. However, a reading of .08% or greater is sufficient to prove the "per se" theory.
Penalties for OUI Under Massachusetts Law
OUI penalties in Massachusetts increase dramatically with each subsequent offense. There is no 10-year "lookback" period—Melanie's Law eliminated this, meaning prior OUI convictions count against you for life.
First Offense OUI
● Fine of $500 to $5,000
● Up to 2.5 years in the house of correction
● 1-year license suspension (hardship license available after 3 months)
● $250 head injury assessment + $50 victim services fund
● 24D Alternative Disposition: Most first offenders are eligible for the "24D" program: Continuance Without a Finding (CWOF), 1-2 years probation, 45-90 day suspension (hardship license available immediately), and completion of an alcohol education program. If successfully completed, no conviction appears on your record.
● Up to 2.5 years in the house of correction
● 1-year license suspension (hardship license available after 3 months)
● $250 head injury assessment + $50 victim services fund
● 24D Alternative Disposition: Most first offenders are eligible for the "24D" program: Continuance Without a Finding (CWOF), 1-2 years probation, 45-90 day suspension (hardship license available immediately), and completion of an alcohol education program. If successfully completed, no conviction appears on your record.
Second Offense OUI
● Fine of $600 to $10,000
● 60 days mandatory jail time (up to 2.5 years maximum)
● 2-year license suspension (hardship license available after 18 months)
● Ignition interlock device (IID) required
● 60 days mandatory jail time (up to 2.5 years maximum)
● 2-year license suspension (hardship license available after 18 months)
● Ignition interlock device (IID) required
Third Offense OUI (FELONY)
● Fine of $1,000 to $15,000
● 180 days jail (150 days mandatory minimum) OR up to 5 years state prison
● 8-year license suspension (hardship license available after 2 years)
● Ignition interlock device required
● 180 days jail (150 days mandatory minimum) OR up to 5 years state prison
● 8-year license suspension (hardship license available after 2 years)
● Ignition interlock device required
Fourth Offense OUI (FELONY)
● Fine of $1,500 to $25,000
● 1 year mandatory jail (up to 5 years state prison)
● 10-year license suspension (hardship license available after 5 years)
● 1 year mandatory jail (up to 5 years state prison)
● 10-year license suspension (hardship license available after 5 years)
Fifth and Subsequent Offense OUI (FELONY)
● Fine of $2,000 to $50,000
● 2.5 years jail (2 years mandatory minimum) OR up to 5 years state prison
● Lifetime license suspension (no hardship license available)
● 2.5 years jail (2 years mandatory minimum) OR up to 5 years state prison
● Lifetime license suspension (no hardship license available)
Collateral Consequences
● OUI conviction is permanent—cannot be expunged from your criminal record
● Substantial increase in auto insurance rates for years
● Professional license implications for healthcare workers, teachers, CDL holders, and others
● Immigration consequences for non-citizens
● Employment difficulties, particularly for jobs requiring driving
● Substantial increase in auto insurance rates for years
● Professional license implications for healthcare workers, teachers, CDL holders, and others
● Immigration consequences for non-citizens
● Employment difficulties, particularly for jobs requiring driving
Enhanced Penalty Situations
OUI with Child Under 14 (G.L. c. 90, § 24V): Additional mandatory minimum of 90 days for first offense, 6 months for second offense. Sentence runs consecutive to OUI sentence.
OUI Causing Serious Bodily Injury (G.L. c. 90, § 24L): Mandatory minimum 6 months in jail, up to 10 years state prison, plus fines and extended license suspension.
Motor Vehicle Homicide While OUI (G.L. c. 90, § 24G): Felony with mandatory state prison time. Penalties vary based on circumstances.
OUI Causing Serious Bodily Injury (G.L. c. 90, § 24L): Mandatory minimum 6 months in jail, up to 10 years state prison, plus fines and extended license suspension.
Motor Vehicle Homicide While OUI (G.L. c. 90, § 24G): Felony with mandatory state prison time. Penalties vary based on circumstances.
Breathalyzer Refusal and BAC Evidence
Refusal Evidence: Under Massachusetts law (Article 12 of the Declaration of Rights), evidence that you refused a breathalyzer test cannot be used against you at trial. However, refusal triggers an automatic administrative license suspension separate from any court penalties.
BAC Statutory Inferences:
● .05% or less: Jury may infer defendant was NOT under the influence
● .06% to .07%: No inference either way
● .08% or greater: Sufficient for per se OUI conviction
BAC Statutory Inferences:
● .05% or less: Jury may infer defendant was NOT under the influence
● .06% to .07%: No inference either way
● .08% or greater: Sufficient for per se OUI conviction
Related Criminal Charges
● G.L. c. 90, § 24(2)(a): Negligent Operation — Often charged alongside OUI as an alternative
● G.L. c. 90, § 24G: Motor Vehicle Homicide — When OUI results in death
● G.L. c. 90, § 24L: OUI Causing Serious Bodily Injury — When OUI results in serious injury
● G.L. c. 90, § 24V: OUI with Child Under 14 — Enhanced penalties when child is in vehicle
● G.L. c. 90, § 23: Operating After Suspension — If license was already suspended for OUI
● G.L. c. 90, § 24G: Motor Vehicle Homicide — When OUI results in death
● G.L. c. 90, § 24L: OUI Causing Serious Bodily Injury — When OUI results in serious injury
● G.L. c. 90, § 24V: OUI with Child Under 14 — Enhanced penalties when child is in vehicle
● G.L. c. 90, § 23: Operating After Suspension — If license was already suspended for OUI
Defending Against OUI Charges
OUI cases are highly defensible. The prosecution must prove every element beyond a reasonable doubt, and there are often significant weaknesses in the evidence. Common defense strategies include challenging the initial traffic stop, questioning the administration and reliability of field sobriety tests, challenging breathalyzer calibration and maintenance records, and presenting alternative explanations for observed behavior.
First-time offenders often have options to avoid a conviction through the 24D program. Even for subsequent offenses, experienced defense attorneys can often negotiate reduced charges or identify constitutional violations that may result in dismissal or suppression of evidence.
First-time offenders often have options to avoid a conviction through the 24D program. Even for subsequent offenses, experienced defense attorneys can often negotiate reduced charges or identify constitutional violations that may result in dismissal or suppression of evidence.
What To Do Right Now
If you've just been arrested or received a summons for OUI, here's what you need to know:
● Don't talk to police beyond basic identification—anything you say can be used against you
● Don't discuss your case on social media or with anyone except your attorney
● Write down everything you remember while it's fresh—what happened during the stop, what tests were administered, what you said
● Note the timeline—when you last ate, when you consumed alcohol, when you were stopped
● Request a Registry hearing within 15 days if you refused the breathalyzer (or your attorney can do this)
Contact an experienced Massachusetts OUI attorney immediately Call (978) 969-2890 — we answer 24/7.
● Don't talk to police beyond basic identification—anything you say can be used against you
● Don't discuss your case on social media or with anyone except your attorney
● Write down everything you remember while it's fresh—what happened during the stop, what tests were administered, what you said
● Note the timeline—when you last ate, when you consumed alcohol, when you were stopped
● Request a Registry hearing within 15 days if you refused the breathalyzer (or your attorney can do this)
Contact an experienced Massachusetts OUI attorney immediately Call (978) 969-2890 — we answer 24/7.
We're Here To Help
Facing OUI charges under G.L. c. 90, § 24 can be overwhelming, especially when your license, career, and freedom are at stake. Understanding the law is only the first step. If you have questions about your specific situation or need to discuss your options, we are available to help.
For nearly 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your options—including the 24D program for first offenders—and decide how to move forward.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For nearly 30 years, we have helped people through exactly what you're facing now. A free consultation gives you the chance to understand your charges, learn about your options—including the 24D program for first offenders—and decide how to move forward.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
