November 17, 2025 Last Updated: November 19, 2025 by Anthony Riccio
Understanding when an OUI becomes a felony in Massachusetts can be confusing, especially if you’re facing charges or trying to help someone who is. Massachusetts has some of the strictest drunk driving laws in the country, and the difference between a misdemeanor and a felony can change your life.
At Riccio Law, we believe in helping people understand what they’re up against. This guide breaks down when an OUI charge turns into a felony, what the law actually says, and what penalties you could face if convicted.
“OUI” stands for Operating Under the Influence. Under Massachusetts General Laws Chapter 90, Section 24, it’s illegal to operate a motor vehicle on a public way while under the influence of alcohol, drugs, or both.
Most first and second OUI charges are misdemeanors. However, once the circumstances become more serious, such as repeat offenses, causing injury, or endangering others, the law classifies the offense as a felony.
The law focuses not only on the number of offenses but also on how the act endangers others. For example, driving under the influence that causes serious bodily injury or death can result in significant prison time and lifelong consequences.
There are four primary situations in which an OUI is treated as a felony in Massachusetts. Each is based on a specific statute and involves different penalties.
A third OUI or higher automatically becomes a felony. Massachusetts follows a lifetime look-back rule under Melanie’s Law, meaning that all prior OUIs, regardless of when they occurred, count toward this number.
For a third offense, penalties include a minimum of 150 days to a maximum of 5 years in state prison, fines of up to $15,000, and an 8-year license suspension.
Fourth and fifth offenses lead to longer prison terms, larger fines, and even vehicle forfeiture. Repeat offenders face mandatory minimum sentences that increase with each conviction.
This law separates two levels of charges:
The law defines serious bodily injury as any injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss or impairment of a body part or organ.
You can read the whole statute on the Massachusetts Legislature website. These cases often hinge on whether the prosecution can prove reckless, not merely negligent, conduct.
When an impaired driver causes a fatal crash, it’s classified as motor vehicle homicide while under the influence. Penalties can reach 15 years in state prison, along with a 15-year license revocation.
This section also distinguishes between negligent and reckless operation, but either can result in felony charges. Full details can be found in Massachusetts General Laws, Chapter 90, Section 24G.
Convictions for this offense often carry long-term consequences that extend beyond imprisonment, including permanent loss of driving privileges.
Driving under the influence with a passenger under 14 years old can trigger child endangerment charges. A first offense is a misdemeanor, but a subsequent offense becomes a felony, carrying a potential sentence of up to five years in state prison and a three-year license suspension.
This law aims to protect minors and imposes strict penalties for repeat offenders. You can review it under Section 24V.
Massachusetts OUI cases involve both criminal court penalties and administrative penalties from the RMV. Understanding both helps you see the complete picture of potential consequences.
|
Category |
Administrative (RMV) |
Criminal Court |
| License Suspension | 3 years–lifetime (based on priors/refusal) | 8–10 years possible |
| Ignition Interlock Device | Required for 2nd+ offense | May be ordered as part of probation |
| Hardship License | Possible after serving suspension time | Depends on RMV eligibility |
| Jail or Prison Time | — | 150 days–15 years depending on charge |
| Fines | — | Up to $25,000 depending on offense |
These two tracks often run concurrently. Even if your criminal case is pending or dismissed, the RMV can still suspend your license. This means you could lose your driving privileges long before your court case is resolved.
Melanie’s Law, enacted in 2005, changed how Massachusetts handles repeat OUI offenses. It established a lifetime look-back, meaning that every prior OUI counts, regardless of when it occurred.
The law also made ignition interlock devices mandatory for anyone reinstating a license after a second or subsequent OUI. Additionally, it allows for vehicle forfeiture after multiple felony convictions and increases penalties for driving with a suspended OUI license.
This law closed loopholes that once allowed repeat offenders to be treated as first-timers. It continues to serve as a cornerstone of Massachusetts’ strict approach to drunk driving enforcement.
Every OUI case depends on facts, procedure, and evidence. A Massachusetts OUI lawyer may look for issues such as:
Defenses often target the legal elements prosecutors must prove, not just the test results or officer observations. An experienced attorney can also challenge the admissibility of evidence or argue procedural violations that affect the case outcome.
A felony OUI conviction affects more than your license or jail time. It can impact employment, housing applications, and immigration status. It stays on your CORI record and can influence future sentencing.
Because Massachusetts courts and employers treat felony records seriously, anyone facing a felony OUI charge should consult an experienced criminal defense attorney immediately to understand potential outcomes and alternatives.
A lawyer may also help you pursue options like plea agreements or alternative sentencing programs when available.
|
Scenario |
MGL Statute | Felony? |
Potential Penalty |
License Suspension |
| Third Offense OUI | §24 | Yes | 150 days–5 years imprisonment; fine up to $15,000 | 8 years |
| OUI w/ Serious Bodily Injury (Reckless) | §24L | Yes | Up to 10 years | 2 years minimum |
| OUI Causing Death | §24G | Yes | Up to 15 years | 15 years |
| OUI Child Endangerment (2nd+) | §24V | Yes | Up to 5 years | 3 years |
| OUI 1st/2nd Offense | §24 | No | Up to 2½ years | 1–2 years |
No. First and second OUIs are misdemeanors unless injury, death, or child endangerment applies.
A third or subsequent OUI, or one involving injury, death, or a child, becomes a felony.
Yes. Under Melanie’s Law, every prior OUI conviction counts for life.
The RMV issues administrative penalties, while the courts impose criminal penalties.
Suspension periods range from 8 years to life, depending on the case.
It’s rare. Felonies usually remain on your CORI permanently.
In Massachusetts, an OUI becomes a felony when it’s a third offense or when it causes serious injury, death, or endangers a child. These cases carry life-altering penalties, from lengthy prison sentences to permanent record consequences.
If you’re facing OUI charges, understanding the law is the first step toward protecting your future. Riccio Law assists clients across Boston and Quincy in handling OUI cases with meticulous attention to facts, procedures, and their legal rights.
