Can I get my license back before my OUI case is resolved?
In almost all OUI arrests, an operator's license is suspended at the time of arrest for either a breath test reading of .08 percent BAC or above or a refusal to submit to a chemical test. In Massachusetts, a license to operate a vehicle is viewed as a privilege not a right. It is a condition of possession of a license in Massachusetts that you submit to a chemical test if you have been arrested for OUI. If you refuse to submit to a chemical test after being arrested for OUI, your license will be suspended for 120 days, upon the expiration of the 15day temporary license given to you at the time of arrest. If you submit to a chemical test such as a breathalyzer test at the police station, subsequent to your arrest, and register a BAC of .08 percent or higher, your license will be suspended for 90 days or until the disposition of the case, whichever comes first. In both categories, persons who have had their license suspended, pursuant to an OUI arrest, have a right to an immediate appeal to the RMV for the reinstatement of that license. This particular appeal deals with strictly technical issues relative to the suspension of the license by the arresting police department and the adherence by that department to the procedures the RMV requires for that suspension. A personal or professional hardship is not a legitimate reason that would allow the RMV to reinstate your license for these two categories of suspensions. It is important that you have a qualified and experienced criminal defense lawyer review all of the paperwork relative to our OUI license suspension to determine whether or not you may qualify for a reinstatement prior to disposition of your case.
Other Massachusetts Drunk Driving Defense FAQs
-
WHAT ARE COMMON ERRORS MADE BY PERSONS ARRESTED FOR DRUNK DRIVING/OUI?
Not hiring an attorney. Operating under the influence of alcohol is controlled by Massachusetts General Law Chap. 90, Sec. 24. It is one of the most complex and … more -
WHAT HAPPENS WHEN YOU GET TO COURT?
License Suspension As mentioned above, if you refuse the breath test after your OUI arrest, your license can be suspended for 120 days. If you submit to and fail the … more -
What are Field Sobriety Tests?
Field Sobriety Tests (FSTs) are the roadside examinations administered by the police officer in investigating whether you were operating your vehicle under the … more -
When can I be found guilty?
In Massachusetts, the prosecutor must prove 3 elements to the charge of Operating Under the Influence of Alcohol. That you are operating a vehicle That you operated … more -
What can I do to help win my case?
Following the advice suggested in the Not Guilty! section of this site will help you prior to being arrested for OUI. After you've been arrested, there are a number of … more -
Will my case be tried before a judge or a jury?
In a jury trial for an OUI charge, all six members of the jury must unanimously find you guilty, beyond a reasonable doubt, before you can be convicted of the crime. … more -
What is in my best interest going to trial or plea bargaining my case?
As noted above, every OUI case is different. The strengths and weaknesses are unique to each case. Before you can make a decision on pleabargaining or taking a … more -
WHAT ARE THE PENALTIES?
First Offense Incarceration: Not greater than 21/2 years in the House of Correction. Fine: Not less than $500, not more than $5,000. License suspension for one year: A … more -
OPERATORS UNDER 21 YEARS OLD
Massachusetts General Law Chap. 90, Sec. 24 provides a detailed and intricate range of penalties for operators under 21 years old charged with and/or convicted for … more -
SUBSEQUENT OFFENSES
Massachusetts General Law Chap. 90, Sec. 24 establishes a 10year period for determining subsequent offenses. The 10year period encompasses the date of the … more
