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So You Are a Repeat Offender: Now What? Penalties and Fines for Second OUI Offense


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Driving drunk, or operating under the influence (OUI), in the state of Massachusetts can result in serious penalties. Similar to most every state in the United States, drunk driving is cause for criminal prosecution and hefty fines. After your first offense, those fines and penalties continue to increase in severity. However, you should contact a criminal attorney or OUI/DUI lawyer for any of your drunk driving offenses. The highly-experienced lawyers at Rudolf Smith,LLP will work tirelessly in your defense. Contact us today for a free consultation.

Outlined below is what happens on your second and third OUI offense:

  • Administrative Penalties
  1. Suspension of driver’s license for a length of time determined by time lapse between charges
  2. License reinstatement fee of between $50 and $1200
  3. Mandatory installation of IID (Ignition Interlock Device)
  • Criminal Penalties
  1. License is suspended for two years
  2. Fine of $600 to $10,000
  3. Possiblility for serving jail time for a length of 60 days to two and a half years.
  4. Possibility for alcohol education program

Ignition Interlock Device

The ignition interlock device, or IID, involves a process of its own. It is a way to manage repeat offenders, who account for roughly one-third of all arrested or convicted drunk drivers.

  • The driver is responsible for the costs of an IID
  • Every vehicle you own or operate must have an IID installed
  • Every second or higher offender must have IIDs
  • If you’re eligible for a hardship license of license reinstatement, you must have an IID for the duration of the hardship license as well as for two years after license reinstatement.
  • IID means that you are unable to drive with any measurable amount of alcohol in your system, not just under the legal limit. The IID will not start with a BAC of 0.02% or higher.
  • Receiving an IID puts a “zero tolerance” or Z restriction on your license meaning if you are pulled over and have alcohol in your system, you could face license revocation

Whether you are being arrested for your first OUI or your fifth, you should contact an OUI/DUI lawyer. OUIs are serious charges and can bring your life to a halt. The charges listed above are for second offenders, and if you are unfortunate enough to receive a third, fourth, or fifth charge then those penalties only get more severe, and quickly. The OUI/DUI lawyers at Rudolf Smith,LLP will guide you through the legal system and will ensure you get the best possible outcome for your case.

If your offenses lead to property damage, injury, or death of any party then your charges can be exponentially more severe. Criminal lawyers will help you if your offense leads to any damage, but if you were pulled over for reckless driving then an OUI attorney at Rudolf Smith,LLP is who to call: (508) 570-3037. Contact us today for a free consultation.