Massachusetts criminal sentencing is guided by presumptive sentencing guidelines that recommend sentence ranges based on offense severity and the defendant's criminal history, but judges retain significant discretion to depart from the recommended range for stated reasons. Unlike states with rigid determinate grids, Massachusetts's approach allows for more individualized sentencing — which creates both risk and opportunity for defense counsel skilled at presenting compelling mitigation.

OUI (operating under the influence) in Massachusetts is governed by M.G.L. ch. 90, § 24, with a BAC limit of 0.08%. Massachusetts's Melanie's Law (2005) significantly stiffened OUI penalties, requiring ignition interlock devices for all repeat offenders, extending license suspension periods, and adding criminal penalties for OUI with serious injury or death. A lifetime lookback applies in Massachusetts — prior OUI convictions are counted regardless of how long ago they occurred, making each subsequent offense more serious.