Resources / Massachusetts

    Massachusetts DUI Statutes: The Code Sections That Control Your Case

    The Massachusetts OUI statutes — the code sections, implied-consent law, BAC limits and first-offense sentencing ranges, cited to the official code.

    The statutes that control Massachusetts OUI cases

    OUI in Massachusetts is defined by M.G.L. c. 90, § 24, and the chemical-testing rules sit in M.G.L. c. 90, § 24(1)(f). Both are published in the official state code at malegislature.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

    Massachusetts official code — OUI statute

    Statutory text, definitions, BAC thresholds and sentencing ranges.

    Implied-consent provision

    What refusing a breath, blood or urine test costs you.

    Statute at a glance

    Massachusetts OUI law at a glance

    Sourced from the Massachusetts code and state agency sites. Verify current text before relying on it.

    Offense name
    OUI (Massachusetts)
    Controlling statute
    M.G.L. c. 90, § 24
    Per se BAC limit
    0.08 (0.04 CDL, 0.02 or lower under 21)
    First-offense fine
    $500–$5,000
    First-offense jail exposure
    up to 2 years
    Licence suspension
    45 days
    Ignition interlock
    Not automatic on a first offense
    High-risk filing
    SR-22 for 3 years

    Most first offences resolve through a § 24D disposition with an alcohol education program.

    First-offense exposure under M.G.L. c. 90, § 24: $500–$5,000, up to 2 years of jail exposure, and a 45 days licence suspension. Most first offences resolve through a § 24D disposition with an alcohol education program.

    What M.G.L. c. 90, § 24 actually says

    • G.L. c. 90, § 24 — the Commonwealth must prove the defendant operated a motor vehicle on a way or place to which the public has access.
    • G.L. c. 90, § 24 — it must also prove the defendant did so while under the influence of intoxicating liquor.
    • G.L. c. 90, § 24 — operating with a blood alcohol level of .08 percent or greater is a separate theory chargeable in the same complaint.
    • G.L. c. 90, § 24 also reaches operating under the influence of drugs, including marijuana and narcotics.

    Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on malegislature.gov carries an effective date — amendments passed after it are not yet reflected.

    Massachusetts ZIP codes covered

    These Massachusetts ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

    Counties and cities using these Massachusetts resources

    Other Massachusetts official resources

    Frequently asked questions

    What statute defines OUI in Massachusetts?
    M.G.L. c. 90, § 24 is the controlling OUI statute in Massachusetts. You can read the current text on the official code site at malegislature.gov.
    What is the Massachusetts implied-consent law?
    M.G.L. c. 90, § 24(1)(f) is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful OUI arrest.