What Should I Do if My License is Suspended After a DUI Charge?

Facing a license suspension after a DUI charge in Massachusetts can be stressful and disruptive. In Massachusetts, drunk or drugged driving is commonly called Operating Under the Influence, or OUI, although many people still refer to it as DUI.

Losing your license can affect your job, family responsibilities, medical appointments, and daily life. The right next step depends on why your license was suspended, whether the suspension came from the Registry of Motor Vehicles, the court, a chemical test refusal, a chemical test failure, or an OUI conviction.

1. Understand Why Your License Was Suspended

The first step is to identify the exact reason for the suspension. In Massachusetts, an OUI-related license suspension may result from several different events, including:

• Refusing a breath or chemical test under the implied consent law
• Failing a chemical breath test
• An OUI conviction or court disposition
• Assignment to an alcohol education program
• Multiple alcohol- or drug-related driving offenses
• Operating after a prior OUI suspension

Mass.gov provides an overview of Massachusetts alcohol and drug license suspensions for drivers over 21. Different rules may apply to drivers under 21, commercial drivers, and people with prior OUI offenses.

2. Act Quickly if the Suspension Is for Chemical Test Refusal

If your license was suspended because of an alleged chemical test refusal, timing is critical. In Massachusetts, you generally must act quickly to challenge a chemical test refusal suspension. Petitions for judicial review after an RMV decision are governed by District Court Standing Order 1-08, which addresses petitions related to chemical test refusal license suspensions. You can review the court rule here: District Court Standing Order 1-08.

Do not wait to speak with an attorney. Missing a deadline can make it much harder to challenge the suspension.

3. Request an RMV Suspension Hearing When Appropriate

If your license, learner’s permit, vehicle registration, or right to operate has been suspended or revoked, you may be able to seek an RMV suspension hearing. The RMV conducts suspension hearings at select locations and through specific procedures.

You can review Mass.gov’s overview of RMV suspension hearings.

At an RMV hearing, you may need to present documents, explain the basis for your request, and address the specific suspension at issue. An attorney can help determine whether an RMV hearing, court appeal, hardship license request, or another step is appropriate.

4. Speak With an Experienced OUI Defense Attorney

OUI license suspensions involve both criminal court issues and RMV issues. An experienced Massachusetts OUI defense attorney can help you understand:

• Why your license was suspended
• Whether you have a valid challenge to the suspension
• Whether you may qualify for a hardship license
• What documents you need for the RMV
• How the criminal case may affect your driving privileges
• How to avoid additional suspension or operating after suspension charges

For more on DUI/OUI defense, see: Boston DUI defense attorney.

5. Explore Whether You Qualify for a Hardship License

If your suspension creates a serious hardship, such as problems getting to work, school, treatment, or medical appointments, you may be able to apply for a hardship license. A hardship license allows limited driving privileges during certain hours, but it is not automatic.

Mass.gov explains that hardship licenses are only granted to Massachusetts driver’s license holders and require a hearing at select RMV hearing sites. You can review the official guidance here: apply for a hardship driver’s license.

Depending on the case, you may need to provide documentation such as:

• Proof of employment or school schedule
• Proof of medical need or treatment schedule
• Proof of enrollment in or completion of a required alcohol education program
• Documentation showing that public transportation or other options are not practical
• Any RMV-required hardship license forms or program documentation

Mass.gov’s first-offense hardship license criteria also states that even if a person meets the listed requirements, issuance of a hardship license is granted only at the reasonable discretion of the RMV based on the facts of the case. You can review the first offense OUI hardship license criteria.

6. Complete Required Alcohol Education or Treatment Programs

In many OUI cases, completing an approved alcohol education or treatment program may be required as part of the criminal case, probation, hardship license eligibility, or reinstatement process.

Mass.gov provides information about Massachusetts licensed and court-approved impaired driving programs. Programs that are not approved may not satisfy the requirement.

7. Pay Required Fees and Meet Reinstatement Requirements

License reinstatement often requires paying RMV fees, completing required programs, serving the required suspension period, and submitting proof that all reinstatement conditions have been satisfied. Depending on the offense and your record, you may also be required to pass a permit exam, road test, or comply with ignition interlock requirements.

Before driving again, make sure your license has actually been reinstated. Do not assume that completing a program or waiting out the suspension automatically restores your right to drive.

8. Follow All Court and RMV Orders

Compliance is critical. You should:

• Attend all court dates
• Follow all probation or release conditions
• Complete required alcohol education or treatment programs
• Do not drive while suspended
• Keep copies of all RMV, court, and program paperwork
• Confirm reinstatement before operating a vehicle

Driving while suspended can create new criminal charges and additional license consequences.

Speak With a Massachusetts OUI Defense Attorney

A license suspension after a DUI or OUI charge in Massachusetts can significantly affect your life, but there may be steps you can take to challenge the suspension, request hardship relief, and work toward reinstatement.

At The Law Offices of Elliot Savitz & Scott Bradley, we help clients understand the criminal and RMV consequences of OUI charges, including license suspensions, hardship license issues, arraignment, bail, and defense strategy.

If your license has been suspended after a DUI charge in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.