The OUI Stop
G.L. c. 90, § 24 — eight one-hundredths, and at least 180 days without a license for refusing the test
Eight one-hundredths, or under the influence. In Massachusetts, operating a motor vehicle on a public way or a place the public can use with a blood alcohol percentage of eight one-hundredths or greater, or under the influence of liquor, marijuana, narcotics, depressants or stimulants, is punished by a fine of five hundred to five thousand dollars, up to two and one-half years in jail, or both, for a first offense.
A driver is deemed to consent to a breath or blood test if arrested for operating under the influence, but not to a blood test unless brought to a licensed medical facility for treatment. The officer tells the person that refusing means a suspension of at least 180 days and up to a lifetime loss.
| Refusing the test | License suspended |
|---|---|
| Refusing the testMost drivers, first time | License suspended180 days |
| Refusing the testUnder the age of 21, or with one earlier conviction or program assignment | License suspended3 years |
| Refusing the testWith two earlier | License suspended5 years |
| Refusing the testWith three or more earlier | License suspendedFor life |
When a person refuses, no test is given, and the officer takes the license on the registrar's behalf at once.
Sources for this section (1)
- G.L. c. 90, § 24 — Operating under the influence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.