Information On Massachusetts Drunk Driving Laws

Every state has specific legislation on defining drunk driving and penalties for drunk driving. There can be more than one set of limits and a series of penalties increasing in severity. The following is information on Massachusetts drunk driving laws.

Blood Alcohol Levels

drunk driving laws in MAIn the state of Massachusetts, blood alcohol limits differ by age and class of driver. Commercial operators are determined legally drunk with a blood alcohol level of .04 or more. The maximum for non-commercial drivers over 21 years of age is .08 or greater. For individuals under age 21, the amount is .02. If you are guilty of driving drunk, there are many different penalties that may be imposed.

Information On Massachusetts Drunk Driving Laws

The consequences for drunk driving are based on the total offenses and severity of the incidents. It may include jail time, a fine, and drivers license suspension.

Offense Prison Time and Fines License Suspension
1st Offense up to 2.5 yrs and/or a $500-$5,000 fine 45-90 days
2nd Offense 60 days to 2.5 yrs and a $600-$10,000 fine 2 yrs
(possible reinstatement after 1 yrs)
3rd Offense 180 days to 2.5 yrs and a $1,000-$15,000 fine


2.5-5 yrs in a state prison and $1,000 to $15,000 fine

8 yrs
(possible reinstatement after 2 yrs)
4th Offense 2-2.5 yrs and a $1,500 to $25,000 fine
2.5 to 5 yrs in a state prison and a $1,500 to $25,000 fine
10 yrs
(possible reinstatement after 5 yrs)
5th or More Offense at least 2.5 yrs
2.5 to 5 yrs in a state prison and a $2,000 to $50,000 fine
Lifetime Revocation

In addition to the ones noted above, other consequences can apply to specific types of operators.

  • Commercial Drivers
    Commercial drivers convicted of driving drunk are not allowed to operate commercial vehicles for at least one year. If hazardous materials were transported in the vehicle when the crime was committed, this time frame is extended to 3 years. Any future drunk driving can lead to permanent disqualification from operating commercial vehicles (however, this punishment may be reduced to ten years).
  • Drivers Under Age 21
    Younger offenders face a 210-day license suspension on their first offense. These drivers may also be ordered to complete education or substance abuse prevention programs depending on their age and blood alcohol level.

Other Information on Massachusetts Drunk Driving Laws

Drunk driving can lead to even more severe penalties if it causes severe bodily injury or death to an individual or if it occurs with a child younger than the age of 14 in the car. Massachusetts drunk driving laws are always a subject of debate and may change as additional laws are passed. The information above is only an overview, is not legal advice, and is subject to change without notice. Speak with a lawyer for current information and legal advice if you are accused of driving drunk.