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The facts are simple: you cannot drive safely after drinking alcohol or taking other drugs. Alcohol is a drug. It is a depressant that affects your vision, reaction time, coordination, and judgment. Even small amounts of alcohol or other drugs -- including some over-the-counter medicines -- can decrease the mental and physical abilities you need to operate a motor vehicle safely. You do not have to be drunk or completely intoxicated to be a dangerous driver.

As a licensed driver, your first responsibility is safety ALWAYS. If you have consumed any substance that impairs your awareness and your reflexes, you are no longer safe to drive.

In the U.S. each year, alcohol is responsible for half of all highway deaths. This figure does not include the thousands of drivers, passengers, and pedestrians who are seriously hurt or permanently disabled in similar accidents, or the millions of dollars of damage caused, or the tragedies that friends and families must face -- all at the hands of drivers operating under the influence (OUI) of alcohol or drugs.

Because driving under the influence is so dangerous, Massachusetts enforces very strict penalties for OUI violations. The chart below shows the penalties associated with each OUI conviction.

Penalties for Operating a Motor Vehicle Under the Influence of Alcohol or Drugs
Conviction (within 10 years)	Fine	Prison Term	License Suspension
First Offense	$500 to $5000	Maximum 2 1/2 years	1 year
For your first offense the court may allow you to complete an Alcohol Education Course in order to reduce your license suspension period.			Over 21, 45-90 days Under 21, 210 days
Second Offense	$600 to $10,000	Minimum 30 days Maximum 2 1/2 years	2 years
Third Offense (felony)	$1,000 to $15,000	Minimum 150 days Maximum 5 years	8 years
Fourth Offense (felony)	$1,500 to $25,000	Minimum 1 year Maximum 5 years	10 years
Fifth Offense (felony)	$2,000 to $50,000	Mandatory 2 years Maximum 5 years	Lifetime

This chart lists the penalties for OUI offenses occurring within a 10 year period.

Alcohol

Whether it's in the form of beer, wine, or hard liquor, alcohol is a depressant that slows down your reflexes, increases the time needed to react, and distorts your vision and judgment. On the other hand, alcohol often makes you feel more confident about your actions, and can cause you to take chances while driving that you normally wouldn't take. This is a dangerous combination that often leads to serious motor vehicle accidents and tragic deaths.

Even one alcoholic drink in an hour can affect your driving. The affects of alcohol can increase significantly if you are tired, emotionally upset, or haven't eaten. No one is immune to alcohol. After drinking, your ability to drive any vehicle safely is impaired. No matter how much you try to be careful or how hard you try to concentrate, there is still a drug inside your body affecting you physically and mentally.

Blood Alcohol Content (BAC)

When you drink an alcoholic beverage, your body works hard to eliminate alcohol from your system. You DO NOT digest alcohol as you do food. Alcohol is processed by your liver and kidneys, and the process takes time. There is no quick way to sober up or get the alcohol out of your body. Drinking black coffee, taking a cold shower, exercising, or eating food might make you feel more alert after drinking alcohol, but none of these have any affect on how quickly alcohol leaves your body.

Ideally, if you have had ANY alcoholic beverage, you should NOT drive. And determining exactly what is "too much" alcohol can be difficult. The amount of unprocessed alcohol in your body is measured by blood alcohol content (BAC), which can be determined by either a blood or breath test.

After you have been drinking, your BAC depends on:

your body weight
how much you have had to drink
the amount of food you may have eaten before drinking
the length of time over which you have had alcohol
the speed at which your own body processes alcohol (everyone is different)

Regardless of the kind of beverage you drink, the key is the amount of alcohol you have consumed over a period of time. Each of the drinks listed contain about the same amount of alcohol (about ½ oz.):

12-oz. beer
4-oz. glass of wine
1-oz. serving of 80-proof liquor (even if mixed with a soft drink)

Any one of these drinks can increase the average person's BAC by .02. If you have more than one drink in an hour, your BAC starts to rise and only time will rid you of the affects of alcohol.

To better demonstrate one's BAC, try the BPD Online BAC Calculator

Alcohol Tests

According to the Massachusetts Implied Consent Law, every licensed driver in this state agrees to consent to an alcohol test under certain circumstances. If you are stopped by a police officer who believes you are operating a motor vehicle under the influence of alcohol, the officer has the right to ask you to:

perform a field sobriety test
submit to a breath or blood test to calculate your blood alcohol content (BAC), if you have been arrested.

If you take a breath test and you register a BAC of .08 or higher, you are operating above the legal limit. For drivers under 21 years of age, Massachusetts has a "zero-tolerance" law. This means a BAC of .02 is above the legal limit if you are under 21.

Police officers are required to take away your license on the spot if you register an illegal BAC or if you refuse a breath test. An officer will take away your license immediately, give you a notice of suspension, and issue you a temporary license, which will become effective after 12 hours. This temporary license is valid for 15 days and gives you an opportunity to exercise your right to a license suspension hearing.

Under 21 Alcohol Offenses

According to state and federal accident statistics, drivers under the age of 21 are TWICE as likely than most drivers to be involved in a motor vehicle accident where alcohol is a factor. This is one reason why laws applying to under-21 drivers are more strict. Massachusetts has a "zero tolerance" law, which means that if you are a driver under 21 and are found to have a BAC as low as .02 while driving, you WILL lose your license.

Under-21 Suspensions for OUI
BAC of .02 or higher	90 days
Refusing Breath Test	180 days - 1 year

Young drivers cited for operating under the influence or for refusing an alcohol breath test will have their licenses suspended immediately.

In addition to receiving a license suspension, you must also complete an alcohol education program or face an additional 180-day suspension. This suspension will be in effect regardless of your court case.

Also, if you are under 21, it is illegal to:

purchase alcohol or have someone buy it for you
possess, carry or transport alcohol unless accompanied by a parent or guardian

Violating either of these laws requires a 90-day to 1-year license suspension and you may face fines and other penalties.

It is a felony to alter or falsify your driver's license or present someone else's driver's license as if it were your own ID. If convicted, you could spend up to 5 years in prison and face a 1 year license suspension.

Open Container Law

You may NOT drink alcohol while driving or have an open alcoholic beverage inside your vehicle. If convicted of this offense, you will be fined $100 to $500. If you are under 21, you can be arrested, fined, and have your license suspended.

Illegal Drugs, Medicine, and Other Controlled Substances

Massachusetts laws that define violations and penalties for operating under the influence of alcohol also apply to drugs. Almost any drug can affect your driving skills: illegal drugs, prescription medicines, and over-the-counter remedies can all decrease your ability to drive safely.

Marijuana

Smoking or ingesting marijuana delays your responses to sights and sounds, and therefore makes you dangerous as a driver. It weakens your ability to handle a quick series of tasks. As a result, a marijuana smoker's biggest driving problems occur when faced with unexpected events, such as a car approaching from a side street or a child running into the street from between parked cars. These problems get more severe after dark because marijuana also causes a severe loss of night vision.

Other Drugs

Remember, you can still be considered OUI with prescription drugs. It is illegal to operate a motor vehicle while impaired by ANY substance.

Many drugs and controlled substances can also have a negative affect on your driving abilities:

Illegal hard drugs such as LSD, heroin and opium make you virtually unaware and indifferent of your surroundings.
Prescription sedatives and tranquilizers make you drowsy and therefore dangerous as a driver.
Most medicines taken for colds, hay fever, or headaches can cause drowsiness. Pain killers and medicines containing codeine can be especially dangerous.
Stimulants such as pep pills, speed, cocaine, and diet pills may make you awake and more aware for a short period of time, but this is inevitably followed by fatigue, nervousness, dizziness, and a lack of concentration. These substances can also affect your vision.
Inhaling controlled substances such as solvents or glue vapors is not only a serious health hazard but can make you unable to operate a motor vehicle properly.

For prescription or over-the-counter medicines, make sure you read labels carefully and know what side effects these drugs may have. Ask your doctor or pharmacist if you're not sure.

Combining alcohol with other drugs dramatically increases the negative effects that either one would have on its own. Don't mix alcohol, drugs, and driving. It's a fatal mistake.

Drug Possession Offenses

If you are convicted of ANY drug offense, whether it is in Massachusetts or another state, your driver's license will be suspended. Even if no motor vehicle was involved in the offense, the law requires you to lose your driving privileges for 1 to 5 years, depending on the conviction.