Third, Fourth or Fifth Offense OUI Penalties

DUI Arrest Criminal Defense AttorneysOur Results Speak for Themselves

Massachusetts has some of the toughest penalties when it comes to drunk driving — and if you are facing charges of operating under the influence, you should have an even tougher lawyer. The most important decision you can make following an arrest for operating under the influence (OUI) is hiring an experienced lawyer.   Our results for our clients speak for themselves, and we encourage you to review some of our drunk driving case results.

Fines and Penalties for a Third OUI Offense

A third time offender is anyone that has already been convicted twice of operating under the influence in Massachusetts or any other state.

A third offense is considered a felony, which significantly increase the punishment. A third drunk driving offense in Massachusetts is punishable by:

  • Mandatory minimum prison sentence of 150 days but not more than 5 years in state prison.
  • A fine of at least $1,000 but not more than $15,000; and
  • Loss of drivers license for 8 years with hardship license available after either 2 or 4 years.

Fines and Penalties for a Fourth OUI Offense

A fourth time offender is anyone that has already been convicted 3 times of operating under the influence in Massachusetts or any other state.

A fourth drunk driving offense in Massachusetts is punishable by:

  • Mandatory minimum prison sentence of 1 year but not more than 5 years in state prison.
  • A fine of at least $1,500 but not more than $25,000; and
  • Loss of drivers license for 10 years with hardship license available after either 5 or 8 years.

Fines and Penalties for a Fifth and Subsequent OUI Offense

A fifth time offender is anyone that has already been convicted 3 times of operating under the influence in Massachusetts or any other state.

A fifth drunk driving offense in Massachusetts is punishable by:

  • Mandatory minimum prison sentence of not less 2.5 years but not more than 5 years in state prison. No sentence can be suspended or reduced to less that 24 months.
  • A fine of at least $2,000 but not more than $50,000; and
  • Loss of drivers license for life with no chance of hardship license.

Charged With a DUI/DWI Offense? Call an experienced defense attorney today for help.

Our knowledgeable and experienced Massachusetts OUI/DUI Defense Attorney at The Noonan Defense Firm is available to assist clients throughout all of Southeast Massachusetts.

No matter where you are located, we are just a phone call away. Call the Boston Drunk Driving Lawyer to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out what your legal options are for a defense against drunk driving charges. You can also click here to use our Free Case Evaluation Form.

OUI DUI Defense Lawyers Boston Brockton Canton

Free Initial Legal Consultation

Review OUI Case Results


Our knowledgeable and experienced Greater Massachusetts OUI Drunk Driving Attorneys at The Noonan Defense Firm are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Scituate, Hanover, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Kingston, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Dartmouth, Westport, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Falmouth, Barnstable.

Related posts:

Horizontal Gaze Nystagmus Field Sobriety Test
A Horizontal Gaze Nystagmus test is one of three main field sobriety tests Massachusetts law enforcement use as a means to detect or measure any ...
What is a breathalyzer test? Are breath tests accurate?
Can you legally refuse to take a breath test? What is a chemical breathalyzer test? Are breath tests accurate? There are many reasons why breath...
Massachusetts OUI, DUI, DWI Penalties
Massachusetts General Law Chapter 90 Sections 24 and Section 24D explains Massachusetts OUI penalties. In Massachusetts, the law refers to certa...
Misdemeanor & Felony Motor Vehicle Homicide
The major difference between misdemeanor motor vehicle homicide and felony motor vehicle homicide is that in felony motor vehicle homicide the Co...
Child Endangerment While Operating Under the Influence of Alcohol or Drugs
DCF will often get involved in situations where children were passengers in a motor vehicle that was pulled over for OUI. The courts will notify ...
OUI Marijuana Charges
One of the most important parts of the recent court decision deals with the new instructions the court will need to give a jury on an OUI Marijua...
Operating Under the Influence - First Offense OUI
If you were arrested for an Operating Under the Influence/Driving Under the Influence (OUI/DUI) offense, you are facing two different cases again...
OUI and Negligent Operation
Negligent operation of a motor vehicle is different than operating under the influence. However, it is common for a defendant to be charged with ...