Facing a license suspension or revocation after a first offense Operating Under the Influence (OUI/DUI) charge in Massachusetts can be daunting. The loss of your driving privileges impacts every aspect of your life—from commuting to work to fulfilling family responsibilities. At Riccio Law, we’re here to help you navigate the legal complexities and work towards reinstating your license.
License Suspension After 1st Offense OUI/DUI Charges in Massachusetts
In Massachusetts, a first offense OUI/DUI charge leads to immediate consequences for your driver’s license:
- Breath Test Refusal (Age 21 and over): 180-day suspension
- Breath Test Refusal (Under 21): 3-year suspension
- Failed Breath Test (.08% BAC or higher): 30-day suspension
Understanding these penalties is the first step in taking action to protect your rights and driving privileges.
License Reinstatement After 1st Offense OUI/DUI Charges
Once your suspension or revocation period ends, you’re eligible to apply for reinstatement of your driving privileges—even if your case is still pending in court. However, reinstatement isn’t automatic. You must:
- Visit the Massachusetts Registry of Motor Vehicles (RMV): Apply in person for license reinstatement.
- Pay a Reinstatement Fee: Typically $500, but it can be up to $1,200 depending on your specific circumstances.
- Meet Additional Requirements: In some cases, you may need to complete alcohol education programs or other court-mandated conditions.
Having an experienced attorney can help streamline this process and address any challenges, such as objections from RMV hearings officers in cases involving serious allegations or poor driving histories.
OUI/DUI in Massachusetts with an Out-of-State Driver’s License
If you’re an out-of-state driver charged with an OUI/DUI in Massachusetts, the penalties still apply:
- Suspension of Driving Privileges in Massachusetts: 30 or 180 days, depending on breathalyzer test results.
- Notification to Home State: The Massachusetts RMV typically notifies your state’s DMV, which may lead to suspension or revocation of your license in your home state.
You’ll need to:
- Apply for Reinstatement in Massachusetts: Regain your driving privileges within the state.
- Pay Applicable Fees: Similar reinstatement fees apply to out-of-state drivers.
Navigating inter-state legal matters can be complex. Riccio Law can assist you in managing the implications both in Massachusetts and your home state.
License Suspensions After CWOF and Guilty Findings
Continuance Without a Finding (CWOF):
- License Suspension: 45 to 90 days (usually 45 days)
- Hardship License Eligibility: Available upon proof of enrollment in the 24D Alcohol Education Program
Guilty Finding:
- License Suspension: 1-year suspension
- Hardship License Eligibility: Not eligible until after at least 90 days
Understanding the differences between a CWOF and a guilty finding is crucial. A CWOF can significantly reduce the impact on your driving privileges.
Suspension vs. Revocation in Massachusetts
- Suspension: Temporary loss of your driver’s license for a specific period. Reinstatement is possible after meeting certain conditions.
- Revocation: Cancellation of your driver’s license. You may need to reapply for a new license after fulfilling specific requirements.
In Massachusetts, these terms are often used interchangeably, but it’s important to know the distinction, especially if you have an out-of-state license.
Note: If your suspension lasts two years or more, you must retake and pass the Massachusetts road test to reinstate your license.
How Riccio Law Can Help You
Our comprehensive legal services include:
- Free Consultation: We’ll discuss your case and outline your options.
- Defense Strategy Development: Crafting a personalized defense based on the details of your situation.
- RMV Hearing Representation: Advocating on your behalf during license reinstatement hearings.
- Court Representation: Defending you throughout the legal process to minimize penalties.
Contact Riccio Law for a Free Consultation
Don’t face these challenges alone. Contact Riccio Law today to take the first step toward regaining your driving privileges.
We’re here to help you get back on the road.
Frequently Asked Questions
Am I eligible for a hardship license during my suspension period?
Yes, if you’ve accepted a CWOF and are enrolled in the 24D Alcohol Education Program, you may be eligible for a hardship license that allows limited driving privileges.
What happens if I refuse the breathalyzer test in Massachusetts?
Refusing the breathalyzer results in an automatic 180-day license suspension if you’re over 21, and a 3-year suspension if you’re under 21.
Can Riccio Law help me if I have an out-of-state driver’s license?
Absolutely. We can assist in managing the complexities of inter-state OUI/DUI charges and work towards reinstating your driving privileges in Massachusetts while advising on implications in your home state.
How much are the reinstatement fees?
Reinstatement fees typically start at $500 but can be up to $1,200 depending on the specifics of your case and any additional criminal charges.
Do I need to retake the driving test after my suspension?
If your suspension was for two years or more, you are required to retake and pass the Massachusetts road test to reinstate your license.
Conclusion
A first offense OUI/DUI charge doesn’t have to derail your life. With the right legal support, you can navigate the system effectively. At Riccio Law, we’re committed to defending your rights and helping you regain your freedom to drive.
Don’t wait. Contact us today for your free consultation and take the first step toward resolving your OUI/DUI case.
Legal Resources
