Which OUI offense is considered a felony in MA?

In Massachusetts, a third offense of Operating Under the Influence (OUI) is classified as a felony. This is significant because it marks a transition from misdemeanor to felony status, which carries more severe legal consequences. A third OUI conviction can result in a substantial prison sentence, higher fines, and longer license suspensions compared to first and second offenses.

To understand this in context, the first and second OUI offenses are treated as misdemeanors, meaning while they still incur penalties and legal repercussions, they do not reach the level of a felony. A fourth or subsequent offense elevates the severity even further but is not the main concern in this question since the prompt seeks the first felony offense in the series. Therefore, the correct answer reflects the legal framework surrounding repeated OUI offenses in Massachusetts.