Massachusetts DUI penalties are governed by two statutes: M.G.L. ch. 94 sec. 24 and M.G.L. ch. 94 sec. 24D. The latter statute (24D disposition) is known as the alternative program and is designed as a more forgiving, rehabilitative measure. The 24D program is available for 1st time offenders or to people who had a conviction more than ten years from the date of the present charge.

1. For 1st time offenders
   
   
   • A fine of at least $500.00 to as much as $5,000.00 dollars
   • Up to 2 1/2 years in the house of correction.
   • Sentences may be served weekends, evenings and holidays
   • 1 year loss of license
   
   
2. The 24D (alternative) disposition
   
   
   • Probation of not more than 2 years
   • Enrollment in an alcohol treatment program
   • Loss of license for a minimum 45 days and a maximum of 90 days
   • If you are under the age of 21 there is a 210 day loss of license
   • If you are under the age of 21 and you have a blood alcohol content of .20 or greater you will be assigned to a 14 day in-patient alcohol treatment facility
   • A 24D disposition is available even if you go to trial and are convicted
   • A 24D disposition is not available in cases where there is death or serious personal injury
   
   
3. For 2nd time offenders
   
   
   • A fine of at least $600.00 to as much as $10,000.00 dollars
   • Not less than 60 days in the house of correction and up to 2 1/2 years in the house of correction. You must serve at least 30 days of this sentence
   • This sentence may be served at a designated alcohol treatment facility
   • Second offenders may also be eligible for a 14 day in patient alcohol treatment facility and 2 years probation
   • 2 year loss of license
   
   
4. For 3rd time offenders
   
   
   • A fine of at least $1,000.00 to as much as $15,000.00 dollars
   • Up to 2 1/2 years in the house of correction or 2 1/2 to 5 years in state prison
   • The sentence imposed must be for at least 180 days, 150 of which must be served
   • This sentence may be served at a designated alcohol treatment facility
   • 8 year loss of license
   
   
5. For 4th time offenders
   
   
   • A fine of at least $1,500.00 to as much as $25,000.00 dollars
   • 2 to 2 1/2 years in the house of correction or 2 ½ years to 5 years in state prison
   • At least 1 year of this sentence must be served
   • 10 year loss of license
   
   
6. For 5th time offenders
   
   
   • A fine of at least $2,000.00 to as much as $50,000.00 dollars
   • 2 ½ years to 5 years in state prison
   • A minimum of 2 years of this sentence must be served
   • Lifetime loss of license