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.
Statutory text, definitions, BAC thresholds and sentencing ranges.
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
- Implied consent
- M.G.L. c. 90, § 24(1)(f)
- 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
- Trial court
- the District Court
- 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
Counties
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.