EPH Notes...

What's to Know About Drinking and Driving?

Fifty percent of all fatal highway accidents are alcohol related. The legal limit for intoxication in Massachusetts is a Blood Alcohol Content (BAC) of .08. At a level of .10, a driver is 15 times more likely to have a vehicle collision than a non-drinking driver.

How the Law Works

  • If police have just cause to stop you, and you are exhibiting signs of intoxication in your behavior or you driving, you will be asked for you license and registration. You will be asked a series of questions, and you may be asked to get out of the car and be given a field sobriety test. A field sobriety test may include reciting the alphabet, walking in a straight line, etc.
  • If you fail the field sobriety test you will be handcuffed and taken to a police station. Your car will be towed away.
  • You will be asked to take a breath-analysis (Breathalyzer) test. If you refuse the test, your license will automatically be suspended for 120 days or more. You will have to pay $50 to have your license reinstated after the suspension period is over.
  • If you register a BAC of .08 or over (.02 if you are underage), your license will automatically be suspended for a minimum of 90 days or up to 270. You will be required to pay $50 to have your license reinstated after the suspension period is over.
  • If the Breathalyzer test registers between .05 and .09 (if you are over 21), you may be convicted of driving under the influence. (your care is still towed.)

First offense of Driving While Intoxicated (DWI):
  • Fine of up to $5,000
  • Possible sentence of up to 2 1/2 years in jail
  • Loss of license for one year
  • License reinstatement fee after the suspension period is over - $300

OR...
  • Probation for one year or more
  • Required to attent the First Offender Driver Alcohol Educatio Program for a $527 fee
  • License suspended for not less than 45 days (or 210 days if you are under age 21)
  • License reinstatement fee - $300
  • Fine attached to car insurance - $900-$1050 ($300-$350 per year for 3 years)
Second offense of DWI:
  • Jail sentence of a minimum of 30 days
  • Fine of up to $10,000

OR...
  • Probation in lieu of a jail term
  • Required attendance at a residential alcohol treatment program for 14 days - $800 fee
  • Outpatient counseling program
  • License revoked for up to 2 years
  • You will have to pay $500 to get your license reinstated
Driving with a Revoked License
  • Mandatory 60 days in jail with possible sentence of up to 2 1/2 years
  • Fines of $1,000 - $10,000

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