Massachusetts · Handbook chapter 9 · 6 min read
Chapter 9: Alcohol, drugs and OUI
How alcohol and drugs affect driving, blood alcohol content, the Massachusetts Implied Consent Law, failed and refused chemical tests, OUI penalties, zero tolerance for drivers under 21, open containers and underage alcohol offenses.
Why this chapter matters
The consequences of driving under the influence are a named topic on the Massachusetts permit exam. In Massachusetts the offense is called OUI, operating under the influence. Learn 0.08, 0.02, 180 days for a first refusal and the one-year first-offense suspension.
How alcohol affects you
- Alcohol is a depressant. It slows reflexes and reaction time and distorts vision and judgment, while making you feel more confident.
- After drinking, people are less likely to buckle up, tend to drive faster and have more trouble holding their lane.
- Alcohol makes a crash about five times more likely; alcohol combined with marijuana makes it about twelve times more likely.
- Even one drink in an hour can affect your driving, more so if you are tired, upset or have not eaten.
- Plan a safe way home: a designated driver, a taxi or rideshare, or a ride from family or friends.
Blood alcohol content (BAC)
Your BAC depends on your body weight, how much you drank, food eaten, how long you have been drinking and how fast your body processes alcohol. The type of drink does not matter. Each of these holds about the same amount of alcohol (about half an ounce):
- a 12-ounce beer
- a 5-ounce glass of wine
- 1.5 ounces of 80-proof liquor, even in a mixed drink
One such drink can raise an average person's BAC by about 0.02. Only time removes alcohol. Black coffee, a cold shower, exercise or food may make you feel more alert, but they do not lower your BAC.
Legal limits
- 0.08 or higher: over the legal limit for all drivers.
- 0.02 or higher: drivers under 21 face penalties under Massachusetts' zero-tolerance law. Under-21 drivers are twice as likely as others to be in alcohol-related crashes.
Implied Consent Law
By driving in Massachusetts, every licensed driver agrees to a breath or blood test in certain cases. An officer who believes you are under the influence may ask you to do a field sobriety test, and after an arrest, to take a breath or blood test.
If your result is over the limit, or you refuse, the officer takes your license on the spot and gives you a suspension notice that takes effect immediately.
Failed chemical test
| Age | Suspension |
|---|---|
| 21 and over | 30 days, or until the court case ends if that is sooner |
| 18 to 21 | 30 days plus 180 days; on a first case the 180 days can be waived by entering an approved alcohol education program |
| Under 18 | 30 days plus one year; on a first case the year can be reduced to 180 days with an approved alcohol education program |
Refused chemical test
| Prior OUI offenses | Over 21 | 18 to 21 | Under 18 |
|---|---|---|---|
| None | 180 days | 3 years + 180 days | 3 years + 1 year |
| One | 3 years | 3 years + 180 days | 3 years + 1 year |
| Two | 5 years | 5 years + 180 days | 5 years + 1 year |
| Three or more | Lifetime | Lifetime | Lifetime |
The extra time for younger drivers is meant to send them to alcohol education, and it applies even if they win the court case.
OUI penalties
| Conviction | Fine | Prison | License suspension |
|---|---|---|---|
| First | $500 to $5,000 | Up to 2 1/2 years | One year (if the court allows an alcohol education course, the suspension can be reduced to 45 to 90 days over 21, or 210 days under 21) |
| Second | $600 to $10,000 | 30 days to 2 1/2 years | Two years |
| Third (felony) | $1,000 to $15,000 | 150 days to 5 years | Eight years |
| Fourth (felony) | $1,500 to $25,000 | One to 5 years | Ten years |
| Fifth (felony) | $2,000 to $50,000 | Two to 5 years | Lifetime |
- You must also pay RMV reinstatement fees before you get your license back.
- After two or more OUI offenses, a hardship or reinstated license requires an ignition interlock device at your own expense, kept for the whole hardship period and two years after reinstatement.
- A Junior Operator convicted of OUI also faces an extra 180-day suspension for a first offense.
Drugs and medicine
- OUI laws cover drugs as well as alcohol, including marijuana. Possession of small amounts of marijuana has been decriminalized, but driving under its influence is still a crime, and the OUI penalties apply.
- Marijuana slows your response to sudden events and badly reduces night vision.
- Prescription sedatives, tranquilizers, cold and allergy medicines and painkillers can cause drowsiness. You can be charged with OUI on prescription drugs.
- Stimulants give a short lift followed by fatigue, nervousness and poor concentration.
- Mixing alcohol with other drugs multiplies the effects. Read labels and ask your doctor or pharmacist.
Under-21 alcohol laws
- If you are under 21, it is illegal to buy alcohol, have someone buy it for you, or carry it unless a parent or guardian is with you. Your license is suspended for 90 days to one year; buying or trying to buy brings a 180-day suspension.
- Open containers: no one may drink while driving, and no open alcoholic drink may be in the vehicle, even if a passenger holds it. The fine is $100 to $500. Under 21, you are also arrested and your license is suspended.
- Using a false or altered ID, or someone else's, can bring a suspension of up to six months even without a conviction, and one year after a conviction.
Frequently asked questions
What is the legal BAC limit in Massachusetts?
0.08 for drivers 21 and over. Drivers under 21 face penalties at 0.02 or higher under the zero-tolerance law.
What happens if I refuse a breath test in Massachusetts?
The officer takes your license immediately. With no prior OUI offenses, a driver over 21 loses it for 180 days, and younger drivers lose it for at least three years plus extra time.
What is the penalty for a first OUI in Massachusetts?
A fine of $500 to $5,000, up to 2 1/2 years in prison, and a one-year license suspension, which the court may shorten if you complete an alcohol education program.
Does coffee help you sober up?
No. Only time lowers your BAC. Coffee may make you feel more awake, but the alcohol is still in your body.
Can a passenger hold an open beer in the car?
No. An open alcoholic drink may not be in the vehicle, even if a passenger is holding it. The fine is $100 to $500.
Based on the Massachusetts Driver's Manual (Class D), April 2026, revised August 2026, MassDOT Registry of Motor Vehicles, Chapter 3: Keeping Your License (Penalties for OUI; Chemical Tests; Alcohol, Drugs, and Driving).