If you’re arrested for operating under the influence of alcohol (OUI) in Massachusetts, expect to pay some hefty fees and expenses. What follows are some of the most common costs that an OUI arrestee will incur.
Towing
If you are arrested for drunk driving, the police will very likely tow your car. (See my post When Can Police Tow and Inventory/Search Your Car in Massachusetts?)
When the police have your car towed, the towing company’s rates are set by 220 CMR 272, That regulation allows companies to charge $132 for a tow up to five miles. This includes one hour of “service or waiting time” for the tow business.
If “service or waiting time” exceeds one hour, the company may begin billing the driver $51 per 1/2 hour.
The tow company may also charge $46 per man hour if labor is needed “to remove the disabled vehicle from the scene or is required by the police.”
If the tow exceeds five miles, the company may bill a $4.40 surcharge for each additional mile.
License Reinstatement – $500 per reinstatement
If you’re charged with an OUI, your license will be immediately suspended. (See my post 30 Day “Imminent Threat” License Suspension for Drunk Driving in Massachusetts.)
Provided your 21 or older, you’ll receive a 30 day suspension if you take the breath test. Should you refuse the breath test, your suspension will last at least 180.
To reinstate your license after this initial suspension, you must pay the RMV $500. See M.G.L. c. 90, Section 33, Paragraph (36).
Most OUI defendants resolve their case through a plea deal. (For details regarding the plea, see my post Drunk Driving (OUI) First Offense in Massachusetts.) The plea deal typically includes a 45 day loss of license.
In many cases, defendants must pay two $500 reinstatement fees: once to reinstate their license after the post-arrest suspension and again to reinstate their license after the post-plea suspension.
Impaired Driving Program $1,342.56
OUI defendants who resolve their case through a plea must attend and complete a court-approved impaired driving program. The cost of the program is $1,342.56.
Defendants who can’t afford the program fee must complete an indigency affidavit (typically provided by the probation department) and submit it to the judge, preferably when tendering the plea.
Assessments
Defendants who resolve their OUI charge through a plea can expect to pay a “non-waivable” $250 head injury assessment and a $50 victims of drunk driving assessment. Most judges give the defendant 6 months to pay those fees.
OUI defendants who lose at trial may incur a fine between $500 and $5,000.