Updated February 09, 2014.

Here are highlights from Massachusetts law on driving while under the influence (90 MGL section 24). Click on the links for further explanation of the legal terms associated with drunk driving in Massachusetts.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .20

Implied Consent Law: Yes

License Suspension 1st Offense: 1 year

License Suspension 2nd Offense: 2 years


License Suspension 3rd Offense: 8 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Massachusetts law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Massachusetts, contact an attorney in your area to determine you rights and responsibilities.

Source: 90 MGL section 24