OUI and DUI and how it can lead to License Suspension

In the state of Massachusetts, DUI/OUI is penalized heavily. If you or someone you know is facing a DUI/OUI charge, get in touch with a professional advocate immediately.

Here are some details on the license suspension laws regulating DUI/OUI in Massachusetts:

• On a first offense, the driving license is revoked for one year.
• For a second offense, the license is revoked for two years. If the first offense occurred more than 10 years ago, a charge of first offender ‘second chance’ disposition may apply.
• For a third offense, the penalty is license suspension for eight years.
• The penalty for a fourth offense is ten year license suspension.
• A fifth DUI/OUI charge causes the license to be revoked for life. Under this revocation, there are no provisions under which the Registry of Motor Vehicles can grant a second license to the individual.

Other Important Considerations and the Commercial Driver’s License

Penalties are applicable if an individual refuses to undergo a breathalyzer test. If similar convictions occurred out of state, the convictions are counted against the individual and taken into account when assigning penalties for the MA DUI/OUI charge.

Additionally, license suspensions and penalties differ if the offense includes a commercial vehicle. Commercial vehicle license suspensions occur if the driver has a blood alcohol concentration level of 0.04% or higher or is found to be using illegal drugs. The length of the license suspension varies:

• The first offense DUI/OUI charge carries a license suspension term of a year. This increases to three years or more if the contents of the commercial vehicle are hazardous materials.
• A lifetime license suspension may be applicable in the second offense DUI/OUI charge.

Additional penalties may also be applicable, depending on specific circumstances.

Why Should You Contact a Professional Immediately?

The ever-changing legal landscape makes it more difficult for individuals to comprehend charges they face or the degree of the DUI/OUI offense committed. The MA DUI/OUI laws take repeat offenses into account and the period of license revocation lengthens with each repeat offense. However, with the help of a qualified legal professional, such as a licensed criminal lawyer in MA, you may be able to receive some relief from penalties.

• The first offense penalty of license suspension may be modified in the case of a 24D disposition, whereby the individual needs to complete an education class on alcohol and the liabilities of driving under the influence of alcohol. The 24D disposition is a program that allows the individual a shorter period of license suspension as well as the provision of a hardship license for work or educational purposes.
• In the case of second offense DUI/OUI charge in MA, the first offender ‘second chance’ disposition may be applicable. This allows for a hardship license for work or educational purposes.
• A third-offense DUI/OUI charge may carry a waiting period of as many as four years for the individual to become eligible for a general hardship license. A hardship license for work or educational purpose may be available after serving two years. Remember, the license revocation is for the period of eight years.
• For the fourth offense, a hardship license for work or education purpose may be obtained after serving five years, while a general hardship license can be granted only after eight years.
• There is no provision for a hardship license after a fifth offense on a DUI/OUI charge, but there may be a chance to obtain one through the Board of Appeals or by withdrawing a guilty plea on a previous charge, by filing a motion for a new trial. However, these are strictly legal procedures that are carried out by an attorney.

 

Call (855) 254-7841 for immediate assistance from professionals who not only understand legal complexities, but also understand your need for help when charged with DUI/OUI in MA, regardless of your driving history.