Your Massachusetts OUI Lawyer wants you to be well informed. We are providing the Massachusetts Code (excerpts of the actual Massachusetts OUI law) to keep you abreast of the latest new OUI laws in the State of Massachusetts.

Note: These excerpts are for informational purposes only. Please consult your Massachusetts OUI Lawyer for legal advice if you are facing issues with the OUI law in Massachusetts.

[ Second paragraph of subsection (1)(a)(1) effective until June 30, 2003. For text effective June 30, 2003, see below.]

There shall be an assessment of $125 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established by section 59 of chapter 10. In the discretion of the court, an assessment pursuant to this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.

[ Second paragraph of subsection (1)(a)(1) as amended by 2003, 28, Sec. 2 effective June 30, 2003 until July 1, 2003 . For text effective until June 30, 2003, see above. For text effective July 1, 2003, see below.]

There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established by section 59 of chapter 10. In the discretion of the court, an assessment pursuant to this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.

[ Second paragraph of subsection (1)(a)(1) as amended by 2003, 26, Sec. 228 effective July 1, 2003. See 2003, 26, Sec. 715 For text effective until July 1, 2003, see above.]

There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; but $125 of the $250 collected under this assessment shall be deposited by the court with the state treasurer into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. In the discretion of the court, an assessment under this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.