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Massachusetts DUI Laws Penalties And Fines
Definition of Intoxication:
Under Massachusetts drunk driving laws, Massachusetts Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were driving while your ability to operate a vehicle was impaired due to the influence of any intoxicant, alcohol, drug, substance or combination of them; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers).
Massachusetts drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Massachusetts:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
- Under 21 Driver – DUI with BAC of 0.02 or higher.
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI – DUI in Massachusetts is to have someone else drive.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of DUI Offense in Massachusetts
A drunk driving conviction in Massachusetts has serious consequences, which become even more severe with repeat offenses.
A Massachusetts drunk driving conviction remains on your record for 10 years, for purposes of calculating repeat offense levels.
All drivers convicted of DUI in Massachusetts may be placed on probation, if a portion of their sentence is suspended.
Felony Massachusetts DUI defendants may also be allowed to serve all or part of their sentences in a residential substance abuse treatment program.
