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What's the difference between a DUI and a DWI in Massachusetts?

2 years ago
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In Massachusetts, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably to refer to the same offense of operating a vehicle while impaired by alcohol or drugs. However, it's important to note that Massachusetts law does not actually use the terms DUI or DWI. Instead, the state uses the term OUI (Operating Under the Influence) to describe this offense.

Under Massachusetts law, a person can be charged with OUI if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are impaired by drugs or a combination of drugs and alcohol. The penalties for an OUI conviction can vary depending on several factors, including the offender's BAC level, prior OUI convictions, and whether there was any injury or property damage involved.

For example, a first-time offender with a BAC of 0.08% to 0.14% may face a license suspension of up to 1 year, a fine of $500 to $5,000, and the possibility of imprisonment for up to 2.5 years. On the other hand, a first-time offender with a BAC of 0.15% or higher may face a license suspension of up to 1 year, a fine of $500 to $5,000, and the possibility of imprisonment for up to 2.5 years, as well as mandatory participation in an alcohol education program.

It's worth noting that Massachusetts has an implied consent law, which means that by operating a vehicle in the state, drivers are deemed to have given their consent to chemical testing if they are arrested for OUI. Refusal to submit to a chemical test can result in an automatic license suspension, even if the person is not ultimately convicted of OUI.

For more information on OUI laws in Massachusetts, you can refer to the official website of the Massachusetts General Court: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24.

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