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Clarifying OUI Classifications Under Massachusetts Law
In Massachusetts, impaired driving is legally referred to as OUI, or Operating Under the Influence. A common question that arises is whether an OUI is classified as a felony or a misdemeanor. The answer depends on a range of factors, most notably the number of prior offenses on record and whether the current incident involved aggravating circumstances such as serious bodily injury.
For most first and second offenses, OUI is considered a misdemeanor under Massachusetts law. However, the charge can escalate to a felony when the individual has two or more prior convictions or when specific enhancements apply. Massachusetts takes a tiered approach to impaired driving enforcement, meaning penalties and classifications grow more severe with each repeated offense.
In this article, we’ll explain when an OUI is a misdemeanor, when it becomes a felony, and how that classification impacts the legal process and consequences for the individual.
First and Second OUI Offenses: Misdemeanors by Default
In general, a first or second OUI offense in Massachusetts is treated as a misdemeanor. These cases are typically prosecuted in district court and carry penalties such as fines, probation, mandatory alcohol education programs, and possible short-term jail time.
For a first offense, the law allows:
- Up to 2½ years in jail
- Fines between $500 and $5,000
- License suspension for 45 days to 1 year
- Eligibility for alternative sentencing (24D disposition program)
Most first-time offenders receive probation and enter an alcohol education program rather than serve jail time. The courts typically treat these as opportunities for rehabilitation.
A second offense also remains a misdemeanor but comes with:
- Mandatory minimum 60-day jail sentence (30 days served)
- 2-year license suspension
- Fines ranging from $600 to $10,000
- Required participation in a 14-day inpatient treatment program
Despite the increased severity, a second offense does not cross the threshold into felony classification unless other aggravating factors are involved.
When OUI Becomes a Felony in Massachusetts
An OUI offense becomes a felony in Massachusetts under several specific circumstances. The most common scenario is when the offense is a third or subsequent violation. In these cases, the law classifies the act as a felony due to the demonstrated pattern of impaired driving.
Felony OUI scenarios include:
- Third OUI offense: Felony with a mandatory minimum of 180 days in jail
- Fourth offense: Felony with a 1-year minimum jail term
- Fifth offense: Felony with a 2-year minimum jail term
- OUI causing serious bodily injury or death
- OUI committed with a suspended or revoked license
Felony charges are prosecuted more aggressively and may be heard in superior court rather than district court. Convictions carry longer incarceration periods and more severe long-term consequences, including lifetime license revocation in some cases.
Additionally, felony convictions result in the loss of civil rights such as voting and firearm ownership (unless restored) and may limit eligibility for housing or employment in regulated industries.
Aggravating Factors That Elevate Misdemeanor Charges
Even for a first or second OUI, certain circumstances can lead to enhanced penalties or elevate the case to a felony level. These aggravating factors include:
- Causing a motor vehicle accident with serious injury
- Having a minor passenger in the vehicle
- Driving with a high blood alcohol content (BAC)—often considered 0.15% or above
- Refusing a chemical test and having prior convictions
- Committing OUI while on probation or with a suspended license
In these situations, prosecutors may file enhanced charges or pursue additional penalties that go beyond the typical misdemeanor framework. For example, a first OUI that results in serious bodily harm may be charged as OUI with serious bodily injury, a felony offense that includes mandatory jail time and longer license suspension.
The presence of any aggravating condition often removes the possibility of alternative sentencing programs like 24D and may limit a judge’s discretion in issuing a lenient sentence.
How Felony Classification Changes the Legal Process
When an OUI is charged as a felony in Massachusetts, the case is handled differently in the legal system. Felony charges are generally prosecuted in superior court, which has jurisdiction over more serious criminal matters. This leads to:
- Longer pre-trial timelines
- Formal arraignments and indictments
- Stricter bail conditions
- Potential jury trials in higher court
- Ineligibility for alternative sentencing programs
Defendants facing felony charges must prepare for a more formal and intensive legal process. If convicted, felony sentencing guidelines apply, which often include mandatory minimum incarceration and strict post-release conditions.
In addition, a felony OUI conviction is permanent and significantly increases the consequences of any future offenses. It may also result in a lifetime revocation of the driver’s license if the number of convictions reaches five or more.
License Consequences for Misdemeanor vs. Felony OUIs
Both misdemeanor and felony OUI convictions result in license suspension, but the duration and reinstatement process differ based on classification.
For misdemeanor offenses:
- First offense: Up to 1-year suspension (often reduced under 24D)
- Second offense: 2-year suspension
- Eligibility for hardship licenses varies by case
For felony offenses:
- Third offense: 8-year suspension
- Fourth offense: 10-year suspension
- Fifth offense: Lifetime revocation
- Ignition interlock device (IID) required upon reinstatement
Hardship licenses are available in some felony cases, but longer waiting periods apply, and additional proof of rehabilitation is required. The RMV requires all reinstatement conditions to be satisfied, including any mandatory treatment programs and IID installation.
Long-Term Impact of Felony vs. Misdemeanor OUI
The long-term consequences of an OUI conviction depend heavily on whether the offense is classified as a misdemeanor or felony.
Misdemeanor OUI convictions may:
- Impact car insurance rates for years
- Appear on background checks for jobs and housing
- Be considered as prior offenses in future cases
- Require completion of education or treatment programs
Felony OUI convictions carry more serious, lasting effects:
- Loss of voting rights and other civil privileges (while incarcerated)
- Ineligibility for many types of professional licenses
- Lifetime license revocation after multiple convictions
- Restricted international travel or visa eligibility
- Employment restrictions, particularly in government or transportation roles
In both cases, Massachusetts does not expunge or seal OUI records easily. Convictions can remain visible to employers, licensing boards, and other institutions indefinitely.
FAQ: Felony vs. Misdemeanor OUI in Massachusetts
Is a first OUI a felony in Massachusetts?
No. A first OUI is a misdemeanor, unless it involves serious injury or another aggravating factor.
When does an OUI become a felony?
A third or subsequent OUI offense is automatically classified as a felony. Certain circumstances—like injury or driving on a suspended license—can also elevate the charge.
Does a felony OUI always mean prison time?
Felony OUIs often carry mandatory minimum jail sentences, which must be served even if probation is granted.
Can a misdemeanor OUI affect your job?
Yes. Even a misdemeanor can appear on background checks and affect insurance, employment, and licensing.
Can felony OUI charges be reduced?
It’s uncommon. Massachusetts law mandates minimum sentences and penalties for felony OUI cases. Prosecutors have limited flexibility.
Conclusion
In Massachusetts, OUI offenses are generally classified as misdemeanors for first and second offenses, but they become felonies beginning with a third conviction or when aggravating factors are present. The classification determines not only the severity of the penalties but also the legal process and long-term consequences for the individual.
Knowing whether an OUI is a misdemeanor or felony can help clarify what to expect from both court and RMV actions. For a broader look at OUI laws by state, see our hub on state-by-state OUI laws. To learn more about how these classifications influence the legal outcomes, visit our guide on how state OUI laws affect arrests and penalties.