DUI/OUI License Suspensions In Massachusetts

Is There a Difference Between “DUI” And “OUI” in Massachusetts?

No. This is common question and there is NO difference. “DUI” is an acronym for “driving under the influence [of alcohol and/or drugs]. “OUI” is an acronym for “operating under the influence of alcohol and/or drugs]. In Massachusetts, the technical term is “operating under the influence.” Thus, it is referenced as an “OUI.” Different states use slightly different language to describe the same crime..

Under What Circumstances Will Someone Lose Their License If He or She Is Arrested for Drunk Driving in Massachusetts?

In Massachusetts, your license will be suspended if you are convicted of DUI, fail a breathalyzer (BAC) or blood test or refuse to take a breathalyzer test. The length of the suspension depends on several factors. The number of prior convictions, your decision to take the test or to refuse the test and the reading of the test all factor into the length of the suspension.

Under What Circumstances Can a License Be Re-Instated?

In the event that an individual refuses the breathalyzer or registers a reading of .08 or greater and is found not guilty or the case is dismissed during the time of the preliminary suspension, there is a presumption that the defendant can have his or her license reinstated. However, this still requires action on the Registry’s part. The defendant must go to the Registry and be heard before a hearings officer for the license to be reinstated. Keep in mind that the Registry of Motor Vehicles and the Criminal Court System are two separate entities.

What Is the Legal Limit in Massachusetts for the Breathalyzer?

The legal limit in Massachusetts is .08. If a suspect blows a .08 or greater than he or she will lose their license for thirty days. This thirty-day license loss occurs immediately. If the criminal case is dismissed or if the defendant is found not guilty within that time frame, then he or she is presumed to get the license back through the Registry of Motor Vehicles. If a case is disposed of by a plea, then a client must evaluate whether a hardship license is available.

What Are the Consequences If I Refuse to Take the Breathalyzer [BAC]?

A person that refuses to take the breathalyzer and has NO prior convictions will lose his or her license for 180 days. If the individual has one prior conviction, then the license will be suspended for three years. If the individual has two prior convictions, then the license will be suspended for five years. If an individual has three or more prior convictions, then he or she faces a lifetime license loss. In the event that an individual has a prior conviction of OUI with serious bodily injury, he or she faces a ten-year license loss upon conviction. If a person had been previously convicted for motor vehicle homicide or manslaughter , there is a lifetime license loss upon conviction.

What Happens If a Person Is Under Twenty-One Years Old and Refuses to Take the Breathalyzer [BAC]?

If an individual is under twenty-one years old and refuses to take the breathalyzer his or her license will be suspended from the registry for three years effective immediately. A hardship license may still be available upon disposition of the case.

What Is the Legal Limit for Someone Under Twenty-One If He Or She Elects to Take the Breathalyzer?

The breathalyzer (BAC) reading for someone under the age of twenty-one is .02% as opposed to .08% for someone over twenty-one.

What Is the Typical License Loss for Someone Convicted of a First Offense “OUI?”

Upon conviction for a first offense OUI, the license loss can range from forty-five days to one year. If the case did not involve an accident or injury, then the typical disposition involves a forty-five day license loss. Under appropriate circumstances, the defendant can seek a hardship license (twelve hour license) from the Registry of Motor Vehicles.

What Is the Typical License Loss for Someone Convicted for a Second Offense “OUI?”

If a person is convicted for a second offense OUI, the Registry will suspend the license for two years with the potential for a hardship license after eighteen months.

What Is the Typical License Loss for Someone Convicted for a Third Offense “OUI?”

Upon conviction of a third offense OUI, the Registry of Motor Vehicles will suspend the license for eight years with the possibility of a hardship license in two years.

What Is the Typical License Loss for Someone Convicted for a Fourth Offense “OUI?”

Upon conviction for a fourth offense OUI, the Registry of Motor Vehicles will suspend the license for ten years with the possibility of a hardship license in five years.

What Is the Typical License Loss for Someone Convicted for a Fifth Offense “OUI?”

The Registry of Motor Vehicles will suspend the license for a lifetime upon conviction of a fifth offense OUI.

Case Results » DUI License Suspensions in Massachusetts
  • Seventeen Year Old Default Warrant Removed For Successful Businessman

    The defendant was charged with operating after suspension in a local Boston Courthouse. The client contacted Attorney McCarthy to arrange his surrender. Attorney McCarthy accompanied the defendant to court and the case was dismissed. The defendant did not have to pay any court costs and, despite being in default for seventeen years, he was not held in custody.