OUI License Suspension in Massachusetts
An OUI arrest can create an immediate problem before the criminal case is resolved: you may lose your ability to drive.
In Massachusetts, the driver’s-license issue and the criminal OUI case are related, but they do not always follow the same procedure. What happens next depends in part on whether you refused a chemical test, registered a breath-test result at or above the applicable legal limit, or later received an OUI court disposition.
The first question is not simply how long the suspension lasts. It is why your license or right to operate was suspended, because different types of OUI-related suspensions have different deadlines, hearing procedures, and possible options for reinstatement.
Why Can Your License Be Suspended After an OUI?
Massachusetts law provides several ways an OUI incident can affect your driver’s license or right to operate.
Possible reasons include:
- Refusing a chemical test after an OUI arrest;
- Taking a breath test that shows a blood alcohol concentration at or above the applicable legal limit;
- An OUI conviction or qualifying court disposition;
- Prior OUI convictions or program assignments that increase a suspension period;
- Additional alcohol-related rules for drivers under age 21; or
- Another suspension arising from the same incident.
The exact reason matters because the procedure for challenging or resolving one suspension may be very different from another.
For a broader explanation of the criminal charge, penalties, and first-offender issues, see What Is an OUI and What Are the Consequences in Massachusetts?
What Happens If You Fail a Breath Test?
If you are age 21 or older and register a blood alcohol concentration of 0.08% or greater after an OUI arrest, Massachusetts law provides for an immediate suspension of your license or right to operate.
The suspension remains in effect until disposition of the underlying OUI case, but it cannot exceed 30 days under this provision.
The arresting officer may take possession of your Massachusetts driver’s license, provide written notice of the suspension, and report the action to the Registry of Motor Vehicles. The suspension takes effect immediately.
The Massachusetts RMV provides current information about this process in its alcohol and drug suspension guidance for drivers over age 21.
Can You Challenge a Failed Breath-Test Suspension?
Yes, but this is different from appealing a chemical-test-refusal suspension.
Under Massachusetts General Laws Chapter 90, Section 24, a person whose license or right to operate was suspended because of a breath-test result may request a court hearing within 10 days of the suspension.
The hearing is held in the court where the underlying OUI case is pending. The issue at that hearing is limited: whether a blood test administered within a reasonable period after the breath test showed a blood alcohol percentage below the applicable legal limit.
For a driver age 21 or older, that generally means whether the blood test showed a BAC below 0.08%. Different rules apply to drivers under 21.
This type of suspension is not appealed through an ordinary RMV suspension hearing.
What Happens If You Refuse a Chemical Test?
A chemical-test refusal creates a different administrative license consequence.
For a driver age 21 or older with no prior qualifying OUI history, Massachusetts law generally provides a 180-day suspension for refusing the chemical test.
For drivers age 21 or older, the general refusal periods are:
- No prior qualifying OUI violation: 180 days;
- One prior qualifying OUI violation or program assignment: 3 years;
- Two prior qualifying OUI violations or program assignments: 5 years; and
- Three or more prior qualifying OUI violations or program assignments: Lifetime.
Different rules apply to drivers under age 21 and to people with certain prior serious OUI-related convictions.
The vehicle being driven at the time of the refusal is also subject to a 12-hour impoundment under Massachusetts law.
A refusal suspension generally runs consecutively rather than concurrently with additional suspension periods arising from the same incident.
You can review the current law in Massachusetts General Laws Chapter 90, Section 24.
What If You Are Under Age 21?
Drivers under age 21 are subject to additional Massachusetts alcohol-related license rules.
For example, a driver under age 21 who registers a BAC of 0.02% or greater may face a 30-day breath-test suspension along with additional Youth Alcohol Program consequences.
A chemical-test refusal by a driver under age 21 can also result in significantly longer suspension periods than those that generally apply to an adult driver with no prior OUI history.
The RMV explains the current requirements in its alcohol and drug suspension guidance for drivers under age 21.
Is a Chemical-Test Refusal the Same as an OUI Conviction?
No.
A chemical-test-refusal suspension is an administrative license consequence resulting from the refusal. The criminal OUI charge is a separate court proceeding in which the Commonwealth must prove the criminal offense.
That means you may be dealing with two issues at the same time:
- The criminal OUI case in court; and
- An RMV or court proceeding concerning your driver’s license or right to operate.
A result in one proceeding does not necessarily resolve the other automatically.
Can You Challenge a Chemical-Test Refusal?
Yes, but the deadline is short.
A person whose license or right to operate has been suspended for refusing a chemical test is entitled to an RMV hearing if the person appears within 15 days of the suspension.
The refusal hearing is limited to three issues:
- Whether the police officer had reasonable grounds to believe you had been operating a motor vehicle while under the influence;
- Whether you were placed under arrest; and
- Whether you refused the chemical test.
If the RMV finds in your favor on any one of those issues, the statute provides for reinstatement of the license, permit, or right to operate.
Chemical Test Refusal Hearings are currently initiated at the Boston Haymarket RMV Service Center. The RMV provides current procedural information on its page about RMV suspension hearings.
For a more detailed explanation of the different appeal procedures, see Can I Appeal an OUI License Suspension in Massachusetts?
What If the RMV Upholds the Refusal Suspension?
If the RMV rules against you after a chemical-test-refusal hearing, Massachusetts law provides a procedure for judicial review.
A petition for judicial review must generally be filed within 30 days of the RMV’s final determination in the District Court for the judicial district where the alleged offense occurred.
The court reviews the record created at the RMV hearing. The filing of the petition does not automatically stay the suspension or restore your right to drive.
Can You Drive While an Appeal Is Pending?
Do not assume that requesting a hearing or filing an appeal gives you permission to drive.
Your suspension remains in effect unless your license or right to operate has been lawfully restored or you have been issued legally authorized restricted driving privileges.
Driving while suspended can lead to a separate criminal charge.
For related information, see our page about operating with a suspended license in Massachusetts.
Can a Not-Guilty Finding or Dismissal Help Restore Your License?
Potentially, depending on the type of suspension.
If your license was suspended because you refused a chemical test and the related OUI charge is later dismissed or you are found not guilty, Massachusetts law permits you to request a court hearing seeking restoration of your license or right to operate.
The criminal result alone does not automatically restore the license. A motion must be filed, and other pending alcohol-related charges may affect eligibility.
The law establishes a rebuttable presumption in favor of restoration in qualifying cases unless the Commonwealth shows that restoration would likely endanger public safety.
What Happens to Your License After an OUI Court Disposition?
A court disposition can create a separate license suspension from the immediate suspension resulting from a failed test or refusal.
For a first OUI conviction, the RMV generally lists a one-year license suspension.
Massachusetts also provides an alternative first-offender disposition under Chapter 90, Section 24D. For a qualifying driver age 21 or older who receives a Section 24D disposition, the statute provides for a license suspension of no less than 45 days and no more than 90 days along with participation in a Driver Alcohol Education Program.
Different rules apply to drivers under age 21.
You can review the first-offender statute in Massachusetts General Laws Chapter 90, Section 24D.
Can You Get a Hardship License?
Possibly. Hardship-license eligibility depends on the type of suspension, the court disposition, prior OUI history, program participation, and RMV requirements.
A chemical-test-refusal suspension ordinarily does not allow a restricted or hardship permit during the refusal period. However, Massachusetts law contains an important first-offender exception under Section 24D.
A person who receives a qualifying Section 24D disposition may apply to the RMV for consideration of a hardship license after entering the required Driver Alcohol Education Program. Approval is not automatic and remains subject to RMV requirements and discretion.
The RMV may require documentation showing:
- Eligibility for a qualifying first-offender or other hardship disposition;
- Enrollment in or completion of the required alcohol education or treatment program;
- A legitimate employment, education, medical, or other documented hardship;
- Compliance with other active suspensions;
- Ignition interlock compliance when applicable; and
- Other records requested by the RMV hearing officer.
The RMV states that meeting the listed requirements does not guarantee approval. Hardship licenses are granted at the reasonable discretion of the Registry based on the circumstances of the case.
For current requirements, see the RMV’s hardship driver’s license guidance.
How Do Prior OUI Cases Affect a License Suspension?
Prior OUI convictions and qualifying alcohol or controlled-substance education program assignments can substantially increase the length of a chemical-test-refusal suspension.
They can also affect:
- The length of an OUI conviction suspension;
- Eligibility for hardship driving privileges;
- Ignition interlock requirements;
- Reinstatement requirements; and
- The criminal consequences of a new OUI charge.
The RMV considers prior qualifying OUI history, including certain convictions and program assignments from other jurisdictions, when determining applicable suspension periods.
Because repeat-offense rules are significantly different, it is important to review the actual driving and criminal record rather than rely on memory about how an older case was resolved.
For additional information about repeat-offense consequences, see our article on Melanie’s Law.
What Should You Do After Your License Is Suspended?
Start by reviewing the paperwork you received rather than assuming that every OUI suspension works the same way.
Identify:
- The stated reason for the suspension;
- The date the suspension became effective;
- Whether the case involves a chemical-test refusal or failure;
- Any RMV or court hearing deadline;
- Your criminal court date;
- Your prior OUI history, if any;
- Any existing suspension already on your driving record; and
- Whether a first-offender disposition or hardship-license issue may apply.
The license issue should not necessarily wait until the criminal case is resolved. A 10-day or 15-day hearing deadline can arise while the OUI case is still in its earliest stages.
For practical next steps after receiving a suspension notice, see What Should I Do if My License Is Suspended After a DUI Charge?
When Can a Criminal Defense Attorney Help?
Legal representation may be particularly important when the criminal OUI case and driver’s-license suspension are proceeding at the same time.
An attorney can review:
- The reason for the suspension;
- The arrest and OUI paperwork;
- The breath-test or refusal documentation;
- Available RMV and court hearing procedures;
- Applicable appeal deadlines;
- Your prior OUI history;
- Possible first-offender provisions;
- Hardship-license eligibility; and
- How the license issue may interact with the criminal defense.
The practical question is often whether there is a hearing, appeal, filing deadline, or license issue that requires action before an opportunity is lost.
Frequently Asked Questions About OUI License Suspensions
How long is a first chemical-test-refusal suspension in Massachusetts?
For a driver age 21 or older with no prior qualifying OUI history, the suspension is generally 180 days. Prior qualifying offenses or program assignments can increase the suspension period, and different rules apply to drivers under age 21.
How long is a failed breath-test suspension?
For a driver age 21 or older with a BAC of 0.08% or greater, Massachusetts law provides for an immediate suspension until disposition of the underlying OUI charge, but for no more than 30 days under this provision.
Do I have 15 days to appeal every OUI suspension?
No. The 15-day RMV hearing period applies to a chemical-test-refusal suspension. A qualifying breath-test-failure challenge follows a different court procedure and has a 10-day request period.
Can I get a hardship license after refusing a chemical test?
Not automatically. Refusal suspensions generally prohibit hardship driving privileges during the refusal period. However, a person who receives a qualifying first-offender disposition under Massachusetts General Laws Chapter 90, Section 24D may be able to apply to the RMV for hardship privileges after entering the required program.
Does filing an appeal let me drive?
No. Filing an appeal or requesting judicial review does not automatically restore your license or right to operate.
Does a dismissal automatically end a refusal suspension?
No. A dismissal or not-guilty finding does not automatically reinstate a license suspended for chemical-test refusal. In qualifying cases, the person may request a court hearing seeking restoration.
Talk With a Massachusetts OUI Defense Attorney
An OUI arrest can create separate criminal and driver’s-license issues, and the deadlines for addressing them may be very different.
The Law Offices of Elliot Savitz & Scott Bradley represent people facing OUI charges and related license issues throughout Massachusetts. If your license was suspended following an OUI arrest, contact us today to discuss your situation and any upcoming deadlines.
This article provides general information about Massachusetts law and is not legal advice. Reading it does not create an attorney-client relationship. License consequences depend on the reason for the suspension, age, prior record, chemical-test results, court disposition, and other circumstances.
