License Suspension Issues

As a result of Melanie’s Bill enacted on October 28, 2005, so called “drunk driving” (OUI, DUI, DWI) suspensions have been dramatically enhanced. It is also important to realize that the Registry of Motor Vehicles is not bound by the Courts and any Court orders. For example, if you were charged as a second offense Operating under the Influence and the Court only found you Guilty of only a first offense with the first offense program, the Registry of Motor Vehicles will suspend your license as if you are a second offense and you will need to meet the requirements of a second offense for purposes of a hardship license, i.e. completion of a 14 day inpatient treatment facility and 26 weeks of aftercare.

Our DUI Lawyer Handles All Degrees of Offenses

OUI cases are now counted in a lifetime, regardless of when it occurred.

This includes OUT OF STATE OFFENSES.

First Offense

  • License Revocation for One (1) year, with work hardship eligibility after three (3) months and general hardship after six (6) months.

Alternative Disposition – Mass.gen.l. Ch. 90, § 24d

This is available to first offenses or for someone who has had a prior operating under the influence case that is more than ten (10) years old. The ten (10) year time period is calculated from the date of conviction for your first offense to the date of offense to the most recent offense.

NOTE: If you fall into the latter category the Registry will require you to install an interlock device for two (2) years after the conviction suspension expires – Be CAREFUL many attorneys do not know this.

  • Probation for up to two (2) years and a mandatory Department of Public Health alcohol program (so called 24D program) either in Massachusetts or a comparable out of state program for those licensed in another state or students in another state but licensed in Massachusetts.
  • License can be suspended from 45-90 days or for 210 days for a person under the age of 21.
  • Hardship license eligibility attaches after 3 business days from the date of disposition or guilty finding. The hours are for any 12 hour period during the day seven days a week. You are not guaranteed to be eligible for a hardship; it has become very tricky to get a hardship license.

IMPORTANT NOTE: The Registry of Motor Vehicles will not run any license losses concurrent. For example, if you refused the breath test, your license will be suspended for 180 days plus the 45-90 day suspension imposed upon your admission or conviction.

Second Offense

  • License revocation for 2 years
  • Hardship eligibility in 1 year for a work/education basis and general hardship after 18 months.
  • The interlock device is required to be installed on your vehicle. See interlock device link for requirements.

Third Offense

  • License revocation for 8 years
  • Hardship eligibility in 2 year for a work/education basis and general hardship after 4 years.
  • The interlock device is required to be installed on your vehicle. See interlock device link for requirements.

Fourth Offense

  • License revocation for 10 years
  • Hardship eligibility in 5 year for a work/education basis and general hardship after 8 years.
  • The interlock device is required to be installed on your vehicle. See interlock device link for requirements.

Fifth Offense

  • Incarceration for not less than 2 ½ years (2 year minimum mandatory) and not more than 2 ½ years in the House of Correction, or not less than 2 ½ years in state prison and not more than 5 years in state prison.
  • License revocation for Life.
  • No hardship eligibility.

License Reinstatement Fees

  • First Offense $500.00
  • Second Offense $700.00
  • Third Offense $1,200.00
  • Refusal/Failure - Breath Test $500.00