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Intoxicated driving penalties in Massachusetts

People who are charged with driving under the influence in Massachusetts face severe penalties. If the offense is a second or subsequent one, the penalties increase as well. Those who are convicted of an intoxicated driving offense may expect significant fines, possible incarceration and mandatory treatment.

First DUI offenses may bring a fine between $500 and $5,000, imprisonment up to two and one-half years or both. If the person is granted probation, they will additionally be assessed a fine of $250, $187.50 of which will go to the Head Injury Treatment Services Fund. An additional $50 will also be assessed, and the amount cannot be waived by the court.

If the person is convicted of a second or subsequent offense for driving while intoxicated, the fine will be between $600 and $10,000. There is also a minimum mandatory jail sentence of 60 days up to two and one-half years. The minimum mandatory period may be reduced to 30 days after 30 have been served. Third convictions bring a fine of between $1,000 and $15,000, which may be imposed along with between two and one-half years and five years of imprisonment. The sentence imposed may not be reduced to any less than 105 days for third offenses.

Obviously, being charged with driving under the influence is extremely serious. Those who have been charged have a right to representation by legal counsel. A criminal defense attorney who has experience with these matters may be able to challenge any BAC testing that was performed as well as the reason for the initial stop. Attorneys may in some cases be able to secure a favorable plea arrangement with the prosecutor that could result in lesser penalties being imposed.

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Anthony M. Salerno, P.C.
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Worcester, MA 01608

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