Massachusetts OUI

Fair DUI Flyer-Massachusetts-front

DUI in Massachusetts is called OUI, for Operating Under the Influence (of alcohol or drugs). Regardless of the name used, DUI laws across the country are pretty similar.

Laws regarding what you have to do when a police officer stops your car do vary greatly by state, and Massachusetts is generally better for the Fair DUI flyer than some others.

You are not required to hand over or surrender your license or other documents, though you should still show them to police through the closed window if they request it. You are also not required to sign tickets so you don’t have to open your window for that either.

There is a state statute that requires handing over your license and signing your name, but the penalty for refusal is only a $100 fine. That consequence is much less than the risk of a false DUI arrest.

Massachusetts does allow checkpoints.

Fair DUI Flyer-Massachusetts-back

The pdf of the Fair DUI flyer for Massachusetts is below:

Fair DUI Flyer-Massachusetts

125 replies on “Massachusetts OUI”

  1. The Massachusetts DUI flyer states that ” I will comply with clearly stated lawful orders ” Is it lawful for them to order you to step out of your vehicle? If so then what?

      1. Yes I understand that but do you get out of your car? If so then all of what you are telling us is useless.

  2. Has anyone read this? It looks to be missing a word. “but will not to hand them over”.

  3. In Massachusetts you cannot record audio without permission of all individuals being recorded – this falls under the state’s wiretapping law MGL 272.99 – so your advice to “record everything” can lead to being prosecuted for wiretapping. This has been used against MA people attempting to record police on multiple instances.

    1. Massachusetts does not require permission or consent. A person is not allowed to intercept communications secretly but as long as all involved parties are aware of the recording it is legal (with or without consent).

    2. incorrect; see Glick vs. cunniffe, also the Wiretapping law is for communication that is “intercepted” and not known to the other party

    3. That is only applicable in criminal cases. However, typically traffic stops are civil therefore not requiring permission or notice from or to the other party involved.

    4. Except where all public officials are civil servants and have no expectation of privacy filming then is lawful. Furthermore they already have consent since they are already filming with audio via their dash cams.

    5. You can record police in public in Mass. First Circuit court was first in country to state that right. Case was called Glick vs Cuniff

  4. The first circuit court of appeals has determined that you may record a police officer in the performance of their duties without their permission.

  5. I was told by a MA state trooper that it is illegal to film an officer in the State of MA and I could be arrested for doing so. Is this true or was I being manipulated by this officer (this occurred during a traffic stop and not a checkpoint)

    1. You were being manipulated. Unless, you were SECRETLY recording the officer without him knowing (he told you that you couldn’t do it, so he obviously knows about the recording). He is probably referring to the state wire tapping laws. Seems to me like you were not breaking that law here.

  6. I have created a card for Kansas, and on the front I have included “This interaction is being recorded.” If you add this line to Massachusetts and Illinois cards, it will shield you from being prosecuted subject to the “wiretapping” laws that those states often use against civilians. You could also skirt this by applying a generic “audio and video surveillance in use” sticker (the kind sold as a theft deterrent) to the driver’s side front or rear window.

  7. First off I mean no disrespect & I appreciate everything you are doing here to protect out constitutionally so-called protected rights
    However, I do not think you have dealt with many cops , where you say if you refuse to hand over your DL it is only a $100 dollar fine!

    Perhaps it is, after they rip you our of the car for daring to exercise any rights whatsoever, then charge us with noncompliance , disorderly person and anything else they can think of.
    It is as if they charge you for everything they do to you themselves.. and when you do get to court “after you get out of the hospital” you won’t fair very well there either.

    1. There are a number of very good reasons. But for the sake of being brief I will mention just one. There have been A TON of cases in Massachusetts where innocent people who were sober were arrested and prosecuted suffering horrible legal consequences and insurmountable financial debt simply because they did not know or exercise their rights (protections) when they should have. The reason this has happened A TON of times is because not all police officers are created equal; not all of them are good, conscientious, or lawfully compliant. Thus nobody has any way of knowing what type of officer they will encounter…and so it is not only reasonable for most people to feel extremely uncomfortable being forced into an interactions that statistics show can easily work against you even if you’re totally sober and innocent and have nothing at all to hide; it should be expected that most people prefer avoiding any legal interaction that could cause them legal trouble even if innocent.

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