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Massachusetts prohibits the operation of a motor vehicle in any public place:
  • + with a blood alcohol concentration (BAC) of .08% or more, or
  • + while under the influence of intoxicating liquors, marijuana, narcotics, intoxicating vapors, or other drugs.

A driver is considered “under the influence” if his or her ability to operate a vehicle is diminished by the consumption of a substance. “Operation” of a vehicle doesn’t necessarily require a running engine or actual movement.

  1st Offense             2nd Offense
3rd Offense
Up to 2 1/2 years
60 days to 2 1/2 years (minimum 30 days served) 180 days to 2 1/2 years jail or 2 1/2 to 5 years prision (minimum 150 days served)
$500 to $5000
$600 to $10,000 $1000 to $15,000
License Revocation
1 year
2 years 8 years