Drunk and drugged driving laws in Massachusetts

By the end of this topic you can

• You can state the legal BAC limits for adults and for drivers under 21.
• You can explain the implied consent law and what happens if you refuse a test.
• You can describe the penalties for a first OUI offense.
• You can explain why marijuana and medicines can still lead to an OUI charge.
• You can plan a safe way home before going out.

What you need to know and understand

• A BAC of 0.08 or higher is over the legal limit for all drivers.
• Drivers under 21 face penalties at a BAC as low as 0.02 under the zero-tolerance law.
• Under implied consent, refusing a breath or blood test after arrest leads to an immediate license suspension.
• A first OUI conviction can bring a $500 to $5,000 fine, up to 2 and a half years in jail and a one-year license loss.
• Refusing a test with no prior OUI means a 180-day suspension for drivers over 21 and three years plus extra time for younger drivers.
• Driving under the influence of marijuana is a crime, even though some possession has been decriminalized.
• You may not have an open alcoholic drink in the vehicle, even if a passenger holds it.

Why there is no safe amount

Alcohol is a depressant. It slows reactions, blurs vision and makes you feel more confident than you should. The manual notes alcohol makes a crash about five times more likely, and alcohol plus marijuana about twelve times more likely.

A 12-ounce beer, a 5-ounce glass of wine and a 1.5-ounce shot of 80-proof liquor hold about the same alcohol, and each can raise an average person's BAC by about 0.02. Coffee, cold showers and food do not sober you up. Only time does.

Failed and refused tests

• Failed test, over 21: license suspended for 30 days or until the court case ends, whichever is shorter.
• Failed test, 18 to 21: 30 days plus an extra 180 days, which can be waived on a first offense by entering an approved alcohol education program.
• Failed test, under 18: 30 days plus an extra one year, which can be cut to 180 days on a first offense with an approved program.
• Refused test, over 21 with no prior OUI: 180 days.
• Refused test, 18 to 21 with no prior OUI: three years plus 180 days.
• Refused test, under 18 with no prior OUI: three years plus one year.

Under 21 and alcohol

If you are under 21, it is illegal to buy alcohol or to possess or transport it unless a parent or guardian is with you. Buying or trying to buy alcohol brings a 180-day suspension. Using a fake ID can lead to a suspension even without a conviction. Junior Operators convicted of OUI and certain other offenses face an extra 180-day suspension on top of other penalties. Our Junior Operator guide lists these rules in full.

Plan your ride home

Choose a designated driver, take a taxi or rideshare, or call a family member before you go out. Read medicine labels for drowsiness warnings and ask a pharmacist if you are unsure.

Common mistakes

• Thinking one drink is fine for an under-21 driver. Zero tolerance starts at 0.02, which one drink can reach.
• Believing coffee or food will lower BAC quickly. Only time works.
• Assuming marijuana is legal to drive on because it is legal to use. Driving high is still OUI.
• Refusing a test to avoid a suspension. Refusal brings a longer suspension than a first failed test.

Test yourself: Drunk and drugged driving laws in Massachusetts

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Massachusetts Junior Operator License
• Massachusetts Hands-Free Law for JOL and New Drivers
• How to Drive Through a Massachusetts Rotary