LICENSE SUSPENSIONS FOR OUI CONVICTIONS

CRIMINAL LICENSE SUSPENSIONS FOR OUI OFFENSES

In Massachusetts, if you are charged with OUI, you will likely be facing an immediate loss of your right to operate a motor vehicle. If you refused to submit to a breath test or if your breath test result was over a 0.08% blood alcohol concentration (BAC), the Registry of Motor Vehicles (RMV) immediately institutes a suspension against your license. Massachusetts views operating under the influence as a very serious offense, one that carries criminal charges. If you are subsequently found guilty of or accept responsibility for an OUI or an OUI related offense, you will be faced with strict penalties, which include an additional criminal suspension of your right to operate a motor vehicle. The length of the criminal suspension of your license depends on any prior OUI convictions. Although these penalties may appear quite severe, our firm can walk you through your license options and advocate for the restoration of your driving privileges through an appeal process.

Criminal penalties impacting your driving privileges after an OUI conviction are serious, but there are many ways our firm can help minimize their impact. Successfully defending against the OUI charge in the first place will put you in the best position to maintain your license. If you are faced with an OUI, it is critical you have an experienced attorney who understands the potential consequences on your ability to drive and who knows how to successfully defend your case to minimize any impact on your life.

Operating Under the Influence

Massachusetts license suspensions for a criminal offense of operating under the influence of alcohol or drugs are determined under G.L. c. 90, § 24. License suspensions vary based upon the level of offense as listed below:

  • First Offense

    • Suspension period: Guilty finding: up to 1 year; Continuation Without a Finding (CWOF): 45 - 90 days

    • Hardship Consideration Requirements: If serving a 1 year suspension: Eligibility after 3 months of the suspension period has been served and upon a showing of enrollment in a Driver Alcohol Education Program (DAEP); If serving a 45 - 90 day suspension: Immediate eligibility upon enrollment in a DAEP

    • Ignition interlock device: No

  • Second Offense

    • Suspension period: 2 years

    • Hardship Consideration Requirements: Eligibility after at least 1 year of the suspension period has been served; Completion of a 14 day residential treatment program; Pass a learner’s permit exam and a road test

    • Ignition interlock device: Yes

  • Fifth or Greater Offense

    • Suspension period: Lifetime

    • Not eligible for reinstatement or any hardship consideration

Operating After License Suspension for OUI

Massachusetts license suspensions for a criminal offense of operating after a suspension where your license is suspended for an OUI conviction are determined under G.L. c. 90, § 23. For any conviction of this offense, you will face a 1 year license suspension. It is critical that you speak with an attorney regarding this type of charge because the police often mistakenly charge this crime when your license may actually be suspended for a breath test refusal at the time, not for OUI, which could dramatically reduce any potential license suspension.

OUI with Child Endangerment

Massachusetts license suspensions for a criminal offense of OUI with Child Endangerment, which involves matters of operating a motor vehicle under the influence of alcohol with a child of 14 years of age or younger in the vehicle, are determined under G.L. c. 90, § 24V.

  • First Offense

    • License suspension: 1 year

  • Second or Subsequent Offenses

    • License suspension: 3 years

    • Reinstatement requirements: Pass a learner’s permit exam and a road test

OUI Causing Serious Bodily Injury

Massachusetts license suspensions for a criminal offense of operating under the influence causing serious bodily injury are determined under G.L. c. 90, § 24L. For any offense, first or subsequent, you will face:

  • First or Subsequent Offense

    • License revocation: 2 years

    • Reinstatement requirements: Pass a learner’s permit exam and a road test

A FIRM THAT WILL FIGHT FOR YOUR LICENSE

The Massachusetts DUI lawyers at The Law Offices of Joseph D. Bernard P.C. have in-depth knowledge of how to defend OUI cases and minimize the impact of criminal penalties on your driving privileges. If you are faced with a DUI, the best way to avoid a criminal suspension is to avoid a conviction. Our firm has experience not only defending DUI cases in the courtroom, but will fight for your license at the RMV. Hire an attorney who can guide you every step of the way.

Contact The Law Offices of Joseph D. Bernard P.C. for a free case consultation!