Penalties for Drunk Driving Offenses – DUI/OUI

• First Offense:

  • A fine of not less than $500 nor more than $5,000 plus, or alternatively, imprisonment of not more than 2.5  years, which may be served on selected weekends, evenings, or holidays, G.L. c. 90, § 24(1)(a)(1) and (3); and

  • A 1 year loss of license, G.L. c. 90, § 24(1)(c)(1).

• Second Offense:

  • Imprisonment for a mandatory minimum of 30 days but not more than 2.5 years, G.L. c. 90, § 24(1)(a)(1);

  • A fine of not less than $600 nor more than $10,000; and

  • A 2 year loss of license with a hardship license available after 1 year or 18 months.

• Third Offense:

  • Imprisonment for a mandatory minimum of 150 days, with a maximum penalty of up to 5 years in state prison, G.L. c. 90, § 24(1)(a)(1);

  • A fine of not less than $1,000 nor more than $15,000; and

  • An 8 year loss of license with a hardship license available at 2 and 4 year intervals.

• Fourth Offense:

  • Imprisonment for a mandatory minimum of 1 year, with a maximum penalty of up to 5 years in the state prison, G.L. c. 90, § 24(10)(a)(1);

  • A fine of not less than $1,500 nor more than $25,000; and

  • A 10 year loss of license, with a hardship license available after 5 and 8 years of suspension.

• Fifth and Subsequent Offense:

  • Imprisonment for a mandatory minimum of 2 years, with a maximum penalty of up to 5 years in state prison, G.L. c. 90, § 24(1)(a)(1);

  • A fine of not less than $2,000 nor more than $50,000; and

  • A loss of license for life, with no possibility of hardship license.

Roadblocks & Sobriety Checkpoints

If you were stopped at a Sobriety Checkpoint or Roadblock and were arrested for OUI/DUI, contact the Farhat Law Office, LLC for a free case consultation.

Drug Possession

Possession of a Controlled Substance is governed by Massachusetts General Laws Chapter 94C, Section 34 and include Cocaine, Marijuana, Heroin and any other controlled substances. Under Massachusetts law there are two kinds of possession: Actual Possession and Constructive Possession.

• A person is in Actual Possession when that person knowingly has direct physical control over an object at a given time.
• A person is in Constructive Possession of an object when that person has knowledge of the location of the object and has the power to exercise dominion and control over the object at any given time.

Possession with Intent to Distribute a Controlled Substance

Possession with Intent to Distribute a Controlled Substance is governed by Massachusetts General Laws Chapter 94C, Section 32 which is defined as knowingly or intentionally manufacture, distribute, dispenses, or possesses with the intent to manufacture, distribute or dispense a controlled substance.

Drug Distribution

To convicted of the crime of Distribution of a Controlled substance, the prosecution must prove the following three things beyond a reasonable doubt:

1. That the substance in question is a controlled substance;
2. That the defendant distributed some perceptible amount of that substance to another person; and
3. That the defendant did so knowingly and intentionally.

Drug Trafficking

Trafficking is governed by Massachusetts General Laws Chapter 94C, Section 32E(a) through (c) and is defined as knowingly or intentionally manufactures, distributes, cultivates or possesses with the intent to distribute certain net weights of controlled substances. To convicted of the crime of Distribution of a Controlled substance, the prosecution must prove the following five things beyond a reasonable doubt:

1. That the defendant possessed a certain substance;
2. That the substance was a controlled substance;
3. That the defendant possessed that controlled substance knowingly or intentionally;
4. That the defendant had the specific intent to distribute, manufacture, dispense or cultivate the controlled substance; and
5. That the amount of the substance in question was [statutory amount] or more. 
   • Penalties for Trafficking Marijuana
     • 50 – 100 pounds of marijuana: 1 to 15 years in state prison;
     • 100 – 2,000 pounds of marijuana: 3 to 15 years in state prison;
     • 2,000 – 10,000 pounds of marijuana: 5 to 15 years in state prison;
     • 10,000 + pounds of marijuana: 10 to 15 years in state prison.
   • Penalties for Trafficking Cocaine
     • 14 – 28 grams: 3 to 15 years in state prison;
     • 28 – 100 grams: 5 to 20 years in state prison;
     • 100 – 200 grams: 10 to 20 years in state prison;
     • 200 + grams: 15 to 20 years in state prison.
   • Penalties for Trafficking Heroin
     • 14 – 28 grams: 5 to 20 years in state prison;
     • 28 – 100 grams: 7 to 20 years in state prison;
     • 100 – 200 grams: 10 to 20 years in state prison;
     • 200 + grams: 15 to 20 years in state prison.

School Zone Drug Violation

Distribution and Possession with Intent to Distribute in a School Zone or Park is governed by Massachusetts General Laws Chapter 94C, Section 32J. To convicted of the crime of Distribution of a Controlled substance, the prosecution must prove the following beyond a reasonable doubt:

• First: That the offense was committed within 300 feet of the real property comprising (a public preschool, headstart facility, elementary, vocational or secondary school) (a private accredited preschool or private accredited headstart facility) (a private elementary, vocational or secondary school); and
• Second: That the offense was committed between five o’clock in the morning and twelve o’clock midnight.
• It does not matter whether or not the school, preschool or headstart facility was in session, but the Commonwealth must prove beyond a reasonable doubt that the offense occurred between five o’clock in the morning and twelve o’clock midnight.
• It is not necessary for the Commonwealth to prove that the defendant knew that he (she) was within 300 feet of the real property of a school, preschool, or headstart facility.

Park Zone Drug Violation

Distribution of, or Possession with Intent to Distribute, a Controlled Substance or Sale of, or Possession with Intent to Sell, Drug Paraphernalia is governed by Massachusetts General Laws Chapter 94C, Section 32J. To convicted for the crime of a Park Zone Drug Violation, the jury must first find you guilty of one of the following:

• Distribution of, or Possession with Intent to Distribute, a Controlled Substance or Sale of, or Possession with Intent to Sell, Drug Paraphernalia, and
• The prosecution must prove beyond a reasonable doubt that the offense was committed within 100 feet of a public park or playground. It is not necessary for the Commonwealth to prove that the defendant knew that he (she) was within that distance from a public park or playground.

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