License Suspension / Revocation After 1st Offense OUI/DUI Charges in MA
In Massachusetts, if you are charged with first offense Operating Under the Influence (OUI/DUI) your driver’s license or right to operate a motor vehicle in the state will be suspended or revoked for either 30 or 180 days depending on whether you refused the breathalyzer or took (and failed) it.
License Suspension after 1st Offense OUI/DUI charges:
- Breath test refusal (21+ years old) → 180 days
- Breath test refusal (under 21) → 3 years
- Failed breath test (.08% or greater) → 30 days
License Reinstatement after 1st Offense OUI/DUI Charges in Massachusetts
After your suspension or revocation ends in Massachusetts, you are eligible for reinstatement whether or not your 1st offense OUI/DUI case is still pending in court. However, reinstatement is not automatic so the offender must apply for reinstatement at the Massachusetts Registry of Motor Vehicles (RMV). In cases involving serious allegations (e.g., injuries to another) and/or where the offender has a bad driving history, an RMV hearings officer may decline a request for reinstatement.
If reinstatement is granted, a reinstatement fee must be paid. Typically, the reinstatement fee is $500 but may be as high as $1200 depending on the circumstances and any additional criminal charges.
OUI/DUI in MA with Out-of-State Driver’s License
Generally, the same penalties apply for individuals charged with 1st offense OUI/DUI in Massachusetts who have an out-of-state driver’s license. Because the Massachusetts RMV cannot suspend or revoke your out-of-state driver’s license, it will suspend or revoke your driving privileges in the state for either 30 or 180 days.
Additionally, the MA RMV typically notifies the RMV/DMV in the respective state of the offender’s OUI/DUI charges in Massachusetts, often resulting in a license suspension/revocation in that state. Out-of-state offenders must also apply for reinstatement of their driving privileges in Massachusetts and pay a reinstatement fee.
License Suspensions After Continuance Without Finding (CWOF) and Guilty Finding
In Massachusetts, individuals charged with 1st offense OUI/DUI who enter into a plea deal and receive a continuance without a finding of guilt (CWOF), often referred to as a 24D disposition, have their license or driving privileges in the state suspended for 45-90 days (in addition to the initial suspension at the time charges issued). Generally, the suspension is 45 days, not 90, and the individual is eligible for a hardship license upon proof of enrollment in the 24D Program.
Individuals found guilty of 1st offense OUI/DUI in Massachusetts have their license or driving privileges in the state suspended for one year. The individual is not eligible for a hardship license for at least ninety (90) days.
Suspension vs. Revocation
A suspended driver’s license is the temporary prevention of the driver’s license from being in effect for a set period of time. An individual is eligible to have their driver’s license reinstated once the suspension expires and certain conditions are met, if applicable.
A revoked driver’s license is the official cancellation of one’s driver’s license from being in effect. Nevertheless, individuals subject to a revocation may be eligible to reapply for a driver’s license upon the completion of certain conditions.
In Massachusetts, the terms suspension and revocation are typically used interchangeably. Often, the term revocation is used when discussing driving privileges for an individual with an out-of-state license as opposed to a person with a Massachusetts driver’s license.
NOTE: an individual must take and pass the road test if their suspension in Massachusetts was for 2 or more years.
Contact Riccio Law
Founder / Lead Attorney Anthony R. Riccio has extensive experience representing individuals on OUI/DUI charges in Massachusetts, including a nearly 85% acquittal (not guilty) rate at trial. He has obtained not guilty verdicts where his clients were more than three times over the .08% legal limit and cases involving charges ranging from first offense OUI/DUI to OUI-Liquor, 4th offense.
If you are facing charges of Operating Under the Influence (OUI) of Alcohol or Drugs in Massachusetts, contact Riccio Law here or call (508) 226-4500 to now schedule a free consultation.