If you were arrested for Operating Under the Influence of Liquor (OUI) which is also known as “drunk driving,” driving while intoxicated (DWI), or Driving Under the Influence (DUI), Contact a lawyer immediately.
As a result of harsh Massachusetts drunk driving laws, a person convicted on a first offense for a Massachusetts DUI may now face a maximum two-and-a-half year jail term, $5,000 fine, and one-year loss of his or her license. Many otherwise law-abiding residents of the Commonwealth face drunk driving arrests every year. Anyone arrested for drunk driving needs an experienced Massachusetts OUI defense lawyer to ensure that their rights are preserved and to vigorously defend them against the charges. Contact a Registry Lawyer for help. It costs absolutely nothing to have us review your DUI case.
Here are the Massachusetts License Revocation Penalties for Operating Under the Influence (OUI):
- For a 1st offense Massachusetts DUI, your license will be revoked for a period of one (1) Year, unless you get a 1st offender 24D Disposition. You can apply for a hardship license for work or education after serving 90 days. You can apply for a general hardship after serving 6 months of the suspension.
- For a 2nd offense Massachusetts DUI, your license will be revoked for a period of two (2) years. If your 1st Massachusetts DUI offense was more than 10 years ago, you may qualify for a 1st offender “second chance” disposition. On a 2 year license suspension for DUI, you are eligible to apply for a work / education Hardship License after serving one (1) year and a general hardship license after serving 18 months.
- For a 3rd offense Massachusetts DUI, your license will be revoked for 8 years. Generally, you must serve at least 2 years before you can apply for a Hardship License for work or education. You must wait 4 years before you can apply for a general hardship license.
- For a 4th Offense Massachusetts DUI, your license will be revoked for 10 years. You are eligible to apply for a work / education hardship license after serving 5 years. You must serve 8 years before you can apply for a general hardship license.
- For a 5th offense, your license will be revoked for life. There is no provision in the law to obtain a hardship license and the Registry of Motor Vehicles will NOT grant you one. However, there is a slim chance that you might be able to get a hardship license by going through the Board of Appeals. Also, you might be able to withdraw a previous guilty plea by having a RMV lawyer or defense attorney file a motion for a new trial. If allowed, you may be able to reduce the number of DUI convictions from 5 to 4 and, therefore, qualify for hardship license consideration.
When counting Massachusetts DUI offenses, it usually does not matter how old they are. Under Melanie’s Law, there is a lifetime look-back period. Also, if the Massachusetts RMV is aware of out of state convictions or alcohol program assignments, those out of state OUI charges will also count against you. The law requires the Registry to treat out of state motor vehicle offenses as if they had occurred in Massachusetts.
If your Massachusetts License was suspended or revoked because of a drunk driving arrest, there is no automatic entitlement to a hardship license. The Registry of Motor Vehicles and Board of Appeal have complete discretion regarding the issuance of hardship licenses. This is why it is important to be represented by a qualified lawyer.
These Massachusetts DWI penalties are in addition to any license suspensions imposed for refusing the breathalyzer. Also, if you have a Commercial Drivers License (CDL), you might have to deal with additional CDL suspensions.
Massachusetts DUI convictions can have lifelong consequences and many hardship license clients express regret regarding having hired the wrong lawyer. Using a lawyer who does not specialize in Massachusetts DUI cases or pleading out a DUI can be a mistake which may have lifelong consequences. The key to making the best out of a bad DUI situation is to hire the right lawyer and get accurate legal advice. So many lawyers who do not understand the system mis-advise their clients and make rookie mistakes. These clients usually come to me with long license revocations, when it is often too late to fix legal mistakes which were totally preventable. If you have been charged with DUI in Massachusetts, you should hire the best and most qualified DUI lawyer you can afford. This is not a time to rely on a hometown general practitioner or general criminal defense lawyer.