Operating under the influence penalties — Massachusetts Permit Test

Operating under the influence penalties on the Massachusetts permit test — 5 rules, each with the reason behind it and a question on it while it is fresh.

The rules

A first conviction for operating under the influence brings a fine of $500 to $5,000, up to 2 1/2 years in prison, and a one year license suspension.

The first offense is already a year off the road. Nothing about it is a warning.

First Offense $500–$5,000 Maximum 2 1/2 years One Year

Massachusetts Driver's Manual, p.68

A second conviction for operating under the influence brings a two year license suspension.

It doubles, and so does the fine. The steps in this chart get bigger each time rather than smaller.

Second Offense $600–$10,000 Minimum 30 days Two years

Massachusetts Driver's Manual, p.68

A third conviction for operating under the influence is a felony and brings an eight year license suspension.

The third one changes what kind of offense it is, not just how long the suspension runs.

Third Offense $1,000–$15,000 Minimum 150 days Eight years

Massachusetts Driver's Manual, p.68

A fifth conviction for operating under the influence brings a lifetime license suspension.

The chart has an end, and this is it. There is no reinstatement fee listed because there is no reinstatement.

Fifth Offense $2,000–$50,000 Minimum Two years Lifetime

Massachusetts Driver's Manual, p.68

A driver aged 18 to 21 can have the extra 180-day suspension waived on a first case by entering a Department of Public Health approved alcohol education program.

The course is the way out of the extra six months. It has to be a program the Department of Public Health approves, not any class.

If this is your first operating under the influence case, the 180-day suspension can be waived upon entry into a Department of Public Health (DPH) approved alcohol education program.

Massachusetts Driver's Manual, p.69

On the test

What is the license suspension for a first operating under the influence conviction?

One year. The first offense is already a year off the road. Nothing about it is a warning. Massachusetts Driver's Manual, p.68: “First Offense $500–$5,000 Maximum 2 1/2 years One Year”

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Where these come from

Every rule here is checked against Massachusetts Driver's Manual, published by the Massachusetts Registry of Motor Vehicles, and against the state code itself. Last checked 2026-09-16.