Is an OUI a felony in Massachusetts?
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At the third, when a state prison sentence becomes available. Massachusetts marks the step by what sentence becomes available rather than by a label. A third OUI is punished either by a fine of $1,000 to $15,000 with imprisonment of not less than 180 days nor more than two and a half years, or by that fine with a state prison term of not less than two and a half nor more than five years. The non-suspendable core is 150 days: the sentence may not be reduced below it, may not be suspended, and there is no probation, parole, furlough or good-conduct deduction until 150 days have been served. A fourth raises the fine to $1,500 to $25,000 and the county term to two to two and a half years, with the same state prison alternative. What counts as a prior is broader here than a conviction — an assignment to an alcohol or controlled substance education, treatment or rehabilitation programme by any court, in Massachusetts or any other jurisdiction, counts, and no lookback window limits how far back the statute reaches. The court may direct that part of the mandatory time be served at a facility the Department of Correction designates for the incarceration and rehabilitation of drinking drivers.
Written any number of ways — a 3rd OUI, an OUI 3rd, a felony OUI, or simply an OUI in MA — and the paperwork will use none of them. Massachusetts charges it under a section number, and that is what decides the range below.
Grade. Punishable by a state prison term of two and a half to five years
Confinement. 180 days to two and a half years, or state prison for two and a half to five years
Fine. $1,000 to $15,000 on a third; $1,500 to $25,000 on a fourth
Massachusetts General Laws ch. 90, § 24 · Mass. Gen. Laws ch. 90, § 24(1)(a)(1) · checked 2026-09-06
The facts that make an OUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A third offence, with a state prison sentence available | Two and a half to five years in state prison, or 180 days to two and a half years otherwise | The sentence may not be reduced below 150 days, may not be suspended, and carries no probation, parole, furlough or good-conduct deduction until 150 days have been served. The fine runs $1,000 to $15,000. Massachusetts General Laws ch. 90, § 24 · Mass. Gen. Laws ch. 90, § 24(1)(a)(1) · checked 2026-09-06 |
| A prior programme assignment rather than a conviction | Counts as a prior with no lookback window | Massachusetts counts a previous assignment to an alcohol or controlled substance education, treatment or rehabilitation programme by any court, in the Commonwealth or any other jurisdiction, exactly as it counts a conviction — and nothing in the section limits how far back it reaches. Massachusetts General Laws ch. 90, § 24 · Mass. Gen. Laws ch. 90, § 24(1)(a)(1) · checked 2026-09-06 |
The device is a separate track
Massachusetts marks the license itself — "HT" for a hardship license with interlock, "T" for interlock alone — expressly so that officers can identify these drivers at a stop. The program came out of Melanie’s Law in 2005 and is run by the Driver Control Unit of the RMV.
In Massachusetts the interlock term runs Only at 0.15%+ and is administered by Massachusetts RMV, Driver Control Unit — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Massachusetts OUI questions
Is an OUI a felony in Massachusetts?
At the third, when a state prison sentence becomes available. Massachusetts marks the step by what sentence becomes available rather than by a label. A third OUI is punished either by a fine of $1,000 to $15,000 with imprisonment of not less than 180 days nor more than two and a half years, or by that fine with a state prison term of not less than two and a half nor more than five years. The non-suspendable core is 150 days: the sentence may not be reduced below it, may not be suspended, and there is no probation, parole, furlough or good-conduct deduction until 150 days have been served. A fourth raises the fine to $1,500 to $25,000 and the county term to two to two and a half years, with the same state prison alternative. What counts as a prior is broader here than a conviction — an assignment to an alcohol or controlled substance education, treatment or rehabilitation programme by any court, in Massachusetts or any other jurisdiction, counts, and no lookback window limits how far back the statute reaches. The court may direct that part of the mandatory time be served at a facility the Department of Correction designates for the incarceration and rehabilitation of drinking drivers. A third offence, with a state prison sentence available: two and a half to five years in state prison, or 180 days to two and a half years otherwise. A prior programme assignment rather than a conviction: counts as a prior with no lookback window.
What does a 3rd OUI in Massachusetts carry?
Punishable by a state prison term of two and a half to five years: 180 days to two and a half years, or state prison for two and a half to five years, and a fine of $1,000 to $15,000 on a third; $1,500 to $25,000 on a fourth. The range is set by Mass. Gen. Laws ch. 90, § 24(1)(a)(1), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Massachusetts?
A third offence, with a state prison sentence available — two and a half to five years in state prison, or 180 days to two and a half years otherwise. A prior programme assignment rather than a conviction — counts as a prior with no lookback window.
Does an interlock come with it in Massachusetts?
Massachusetts marks the license itself — "HT" for a hardship license with interlock, "T" for interlock alone — expressly so that officers can identify these drivers at a stop. The program came out of Melanie’s Law in 2005 and is run by the Driver Control Unit of the RMV. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Massachusetts RMV, Driver Control Unit.
Other steps in Massachusetts: first offense penalties and second offense penalties.
All Massachusetts OUI rules →Penalties across the states →Massachusetts DUI lawyers →Getting the license back →
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