Is OUI a Felony in Massachusetts?
OUI is a misdemeanor for first and second offenses. It becomes a felony at the third offense, when serious bodily injury results, or in OUI manslaughter cases. The line matters — felony classification triggers Superior Court indictment, mandatory state prison minimums, and lifetime collateral consequences.
The Short Answer
In Massachusetts, first and second offense OUI are misdemeanors. OUI becomes a felony in three main situations:
- Third or subsequent offense OUI — felony under M.G.L. c. 90 § 24(1)(a)(1)
- OUI causing serious bodily injury — felony under M.G.L. c. 90 § 24L, regardless of prior record
- OUI manslaughter (motor vehicle homicide while OUI) — felony under M.G.L. c. 90 § 24G
The classification matters because felonies must be indicted in Superior Court, carry mandatory state prison minimums, and trigger lifetime collateral consequences (firearms rights, federal immigration, professional licenses, public housing eligibility). Misdemeanor OUIs are heard in District Court — for the Boston area, that means Boston Municipal Court (BMC), Lawrence District Court for Andover/Methuen, Lowell District Court for Tewksbury, etc.
Misdemeanor vs Felony OUI — The Penalty Matrix
Here is how each offense level maps to classification, court, and exposure under Massachusetts law:
- First Offense OUI (misdemeanor) — up to 2.5 years HOC, $500–$5,000 fines, 1-year license suspension. Heard in District Court. Most first offenders qualify for the 24D disposition (45–90 day suspension instead of full year).
- Second Offense OUI (misdemeanor) — 60 days to 2.5 years HOC with a 30-day mandatory minimum, $600–$10,000 fines, 2-year suspension. Heard in District Court. Cahill disposition available with 7+ years between offenses.
- Third Offense OUI (felony) — 150-day mandatory minimum HOC (180 days if any prior within 6 years), up to 5 years state prison, 8-year suspension. Indicted in Superior Court.
- Fourth Offense OUI (felony) — 1 year mandatory minimum HOC, up to 5 years state prison, 10-year suspension.
- Fifth Offense OUI (felony) — 2-year mandatory minimum, up to 5 years state prison, lifetime license loss.
- OUI with Serious Bodily Injury — § 24L (felony) — up to 10 years state prison; mandatory minimum 6 months and 2-year license loss. Always a felony regardless of priors.
- OUI Manslaughter — § 24G (felony) — up to 15 years state prison, mandatory minimum 5 years, mandatory 15-year license loss.
- OUI with Child Passenger Under 14 — § 24V — adds 90-day minimum HOC and 1-year license loss to the underlying OUI charge.
Notice that the misdemeanor/felony line is set by statute, not by sentence length. A first-offense OUI defendant facing 2.5 years possible jail time is still charged with a misdemeanor; a third offense with a 150-day mandatory minimum is a felony. The classification flows from the statutory text of M.G.L. c. 90 § 24, not from the punishment.
Why the Felony Classification Matters Beyond the Sentence
The misdemeanor/felony line carries collateral consequences that often outweigh the headline sentence:
- Firearms rights — a felony conviction triggers a federal firearms prohibition under 18 U.S.C. § 922(g) and a Massachusetts FID/LTC bar. The bar is permanent unless the conviction is sealed or expunged.
- Immigration — OUI itself is not typically a deportable offense, but felony OUI causing injury and OUI manslaughter can be classified as crimes involving moral turpitude or aggravated felonies under federal immigration law, triggering removability for non-citizens.
- Professional licenses — most MA professional licensing boards (medical, legal, real estate, education, finance) require disclosure of felony convictions and may suspend or revoke licenses.
- Employment — felony convictions are reportable on most background checks. Some employers are barred from hiring felons by statute (federal contractors, banks, insurance, healthcare).
- Public housing — federal and state public housing programs typically bar felony drug and violent-crime offenders.
- Voting and civil rights — Massachusetts permits felons to vote upon release from incarceration, but other states differ if the defendant later moves.
These collateral consequences often dominate the plea analysis. A defendant with no prior record facing a third-offense OUI may have stronger reasons to fight the felony at trial than the headline 150-day mandatory minimum suggests, because the lifetime firearms bar and federal-employment exclusion can be career-ending.
Why Massachusetts Uses "OUI" Instead of "DUI" or "DWI"
- OUI = Operating Under the Influence — the statutory term in M.G.L. c. 90 § 24
- DUI (Driving Under the Influence) is the term used in many other states
- DWI (Driving While Intoxicated / Impaired) is used in some states like New York and Texas
- The distinction matters because Massachusetts OUI charges apply to anyone "operating" a motor vehicle — broader than "driving." Under Commonwealth v. Uski and progeny, sitting in the driver's seat with the keys in the ignition can be enough; the engine doesn't have to be running.
Key Takeaways
- First and second offense OUI are misdemeanors; third+ offenses are felonies
- OUI causing serious bodily injury (§ 24L) and OUI manslaughter (§ 24G) are always felonies regardless of priors
- Massachusetts has no time limit on OUI lookback — priors count forever
- The misdemeanor/felony line is set by statute, not by sentence length
- Felony OUI conviction triggers lifetime firearms bar, immigration consequences, and licensing impacts
- "OUI" applies to operating, not driving — the engine doesn't have to be running
Frequently Asked Questions
It depends on the offense level. First and second offense OUI are misdemeanors under M.G.L. c. 90 § 24(1)(a)(1). OUI becomes a felony at the third offense (mandatory minimum 180 days, up to 5 years state prison) and at any offense level when serious bodily injury (§ 24L) or death (§ 24G manslaughter) results. Some specific OUI variants — operating with a child passenger under 14 — also carry felony exposure under § 24V.
OUI becomes a felony in three main situations: (1) third or subsequent offense within the lookback window, (2) OUI causing serious bodily injury under M.G.L. c. 90 § 24L, and (3) OUI manslaughter (motor vehicle homicide while OUI) under § 24G. The classification matters because felonies must be indicted in Superior Court, carry mandatory state prison minimums, and trigger lifetime collateral consequences.
First and second offense OUI are misdemeanors. First offense carries up to 2.5 years in the House of Correction, $500–$5,000 fines, and a 1-year license suspension. Second offense carries 60 days to 2.5 years HOC (with a 30-day mandatory minimum), $600–$10,000 fines, and a 2-year suspension. Both are misdemeanors despite the potential jail time — the felony/misdemeanor line in MA is set by statute, not by sentence length.
There is no time limit. Massachusetts uses a lifetime lookback for OUI offenses under M.G.L. c. 90 § 24. Any prior OUI conviction or 24D disposition counts toward your offense level forever — there is no cleansing period. A first-offense OUI from 30 years ago still makes today's arrest a second-offense charge.
Third offense OUI is a felony under M.G.L. c. 90 § 24(1)(a)(1). It carries a mandatory minimum 150 days in the House of Correction (or 180 days if any prior was within 6 years), up to 5 years state prison, an 8-year license suspension, and an ignition interlock device requirement. Cases are indicted to Superior Court.
Yes. Under M.G.L. c. 90 § 24L, OUI causing serious bodily injury is always a felony, regardless of how many prior OUIs you have. It carries up to 10 years state prison and is indicted to Superior Court. The Commonwealth must prove serious bodily injury — substantial risk of death, permanent disfigurement, or substantial impairment of a bodily function — beyond the basic OUI elements.
OUI manslaughter is motor vehicle homicide while OUI under M.G.L. c. 90 § 24G. It carries up to 15 years in state prison (mandatory minimum 5 years) plus a mandatory 15-year license loss. Like § 24L, it is always a felony regardless of prior record. The case must be indicted in Superior Court and is among the most serious motor vehicle offenses in MA.
Yes, permanently. An OUI conviction — misdemeanor or felony — never expires from the Massachusetts driving record (BMV) for sentencing-lookback purposes. The criminal court record can sometimes be sealed under M.G.L. c. 276 § 100A after 3 years for misdemeanors and 7 years for felonies, but the BMV record is permanent and continues to count toward repeat-offender enhancements.
It can. For non-citizens, OUI itself is not typically a deportable offense, but felony OUIs and OUI causing injury may have severe immigration consequences. Even misdemeanor OUIs can trigger employment consequences for licensed professions (CDL holders, healthcare workers, attorneys, teachers), and CWOFs may be treated as convictions by some licensing boards and federal immigration authorities.
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