- Ignition Interlock Device FAQ
- First Offense OUI Hardship License Requirements
- Multiple Offense OUI Hardship License Requirements
- 94C Drugs Hardship License Requirements
License Suspensions & Other Penalties
There are three aspects of license suspension when OUI is involved: (1) pre-conviction suspensions (typically breathalyzer refusal); (2) suspensions from the conviction/disposition of the case and; (3) collateral consequences if the OUI is accompanied by other violations.
Pre-Conviction License Suspensions:
Massachusetts pre-conviction suspensions include the following:
• Breathalyzer test failure suspension, G.L. c. 90, § 24(1)(f)(2),
– thirty-day loss of license;
• Chemical test refusal suspension, G.L. c. 90, § 24(1)(f)(1),
– six-month to lifetime loss of license;
• Youth alcohol program suspension, G.L. c. 90, § 24P(a),
– six-month to one-year loss of license;
Note: Melanie’s Law specifically provided that the OUI suspension would run on and after any and all pre-conviction suspensions. A hardship license is typically not available for clients who refused the breathalyzer.
Refusal Suspensions are based on number of prior OUIs.
- 0 prior offenses = 180 days suspension for refusal.
- 1 prior = 3 years suspension for refusal.
- 2 prior = 5 years suspension for refusal.
- 3 prior = Lifetime suspension for refusal.
Conviction & Alternative Disposition Suspensions:
For purposes of G.L. c. 90, § 24, a conviction is defined as a plea of guilty or nolo contendere or admission to a finding of sufficient facts, or as being found or adjudged guilty by a court of competent jurisdiction. G.L. c. 90, § 24(1)(d).Below is a chart outlining the different periods of suspension associated with an OUI conviction or program assignment.
| Description | Age of Driver | 1st Offense | 2nd Offense | 3rd Offense | 4th Offense | 5th Offense |
|---|---|---|---|---|---|---|
| c.90 § 24(d) | Over 21 | 45-90 Days | NA – Only Available for 1st Offense. | NA – Only Available for 1st | ||
| Under 21 | 210 Days | Offense. | ||||
| OUI Drugs | Any | 1 Year | 2 Years | 8 Years | 10 Years | Lifetime |
| OUI Liquor | Any | 1 Year | 2 Years | 8 Years | 10 Years | Lifetime |
Collateral Suspensions
Habitual Traffic Offender Suspension: When a driver is determined to be a habitual traffic offender (HTO), as defined in G.L. c. 90, § 22F, a four-year loss of license will occur. This determination can include any of the following (Note — out-of-state convictions will be treated as if they were in-state convictions):
- three convictions of major violations within a five-year time period;
- twelve moving violations, called minor violations; or
- a combination of twelve major and minor violations within a five-year time period.major violations include:Operation under the influence (any form); operating to endanger; false statement in a permit, license, or registration application; leaving the scene of a personal injury or property damage accident; operating after suspension or revocation; operating without a license; or commission of a felony where a motor vehicle is used.
Endangering and Leaving the Scene Suspension: These charges individually carry a mandatory suspension period and, as such, will preclude a driver from applying for a hardship license for the OUI. The potential penalties depend on the seriousness of the case and the driver’s prior record, but suspensions can range from 60 days to 10 years. If you are charged with leaving the scene or a similar crime — in Boston or in Suffolk, Norfolk, Essex, Middlesex, Plymouth or surrounding counties — contact Bob today to discuss your options.
Hardship License FAQ
First Offense OUI Hardship License Criteria
Multiple Offense OUI Hardship Criteria
Habitual Traffic Offender Hardship License
OUI Drugs Hardship License Criteria