• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Mass. RMV Lawyer

Massachusetts License Suspension Appeals

  • DUI Suspensions
    • Massachusetts Drunk Driving Law
    • Mass. Breathalyzer & Chemical Test Refusal Suspensions
    • Breathalyzer Refusal Suspension Appeals
    • Massachusetts Breathalyzer Refusal Rights & Penalties
    • Breathalyzer Refusal / Chemical Test Refusal
      • Suspension Appeals for Constructive Breathalyzer Refusals
      • Chemical Test Refusal License Reinstatement Hearings
      • Appealing a 5 year Chemical Test Refusal Suspension
    • 2nd Offense DUI Suspensions
    • Hardship Licenses for 3rd Offense DUI
    • Melanie’s Law
      • Ignition Interlock Device Reinstatement Procedures
      • Rolling Re-test Violations in Massachusetts
      • Problems with Ignition Interlock Devices
      • Ignition Interlock Circumvention
      • Ignition Interlock Device Removal
      • Ignition Interlock Device Lockouts
      • Ignition Interlock Device Violations
      • Check your Eligibility for a Mass. Hardship License
    • Top MA Hardship License Lawyer
    • OUI Child Endangerment License Suspensions
    • OUI Defense
    • Tougher Mass. OUI & other Motor Vehicle Laws Proposed
    • Check your Eligibility for a Mass. Hardship License
    • Traffic Tickets
      • Request for Detailed Driving History Record
      • Speeding Citation Suspensions
      • Check your Eligibility for a Mass. Hardship License
  • Out of State & NDR Suspensions
    • A21 – DUI of Alcohol Suspensions
    • National Driver Register (NDR) Revocations
    • The National Driver Register (NDR)
    • Out of State DUI Suspensions for Mass. Residents
    • Out of State DUI Convictions
    • Mass. DUI Consequences for Non-Residents
    • Out of State License Revocations
    • A New York DWAI or DUI and your Massachusetts License
    • New York DWAI Suspensions
    • The National Driver Register & Out of State License Suspensions
    • National Driver Register License Suspensions
    • Out of State Suspensions & DUI Convictions
    • The Consequences of Getting a DUI in NH or Other States
    • Out of State DUI Suspensions & the Mass. RMV
  • Immediate Threat Suspensions
    • What is an Immediate Threat Suspension?
    • I wrote the Book on Immediate Threat Suspension Appeals
    • Appeal your Immediate Threat Suspension
    • Immediate Threat Indefinite Revocations
    • Immediate Threat Revocations Are Constitutional
    • Massachusetts Immediate Threat Indefinite Revocations
    • Immediate Threat Indefinite Suspensions
    • Complaint Immediate Threat Indefinite Suspensions: MV Violation Required
    • Elderly Drivers & “Complaint Medical” or “Immediate Threat” Suspensions
    • Fatal Accident Preliminary Suspensions
    • Updated Immediate Threat Information
    • Negligent Operation
  • Board of Appeal
    • Appeal your License Suspension
    • Massachusetts RMV Board of Appeal
      • Surcharges, Citations, & Insurance
    • The Division of Insurance Board of Appeal
    • Board of Appeal Hearing
    • Get Your Suspended MA License Back
    • Get a Hardship License from the Mass. RMV or the Board of Appeal
    • Board of Appeal & RMV Hearings: Your Last Chance to Present Evidence
    • Not Hiring a Lawyer for your Board of Appeal Hearing is not Smart
    • Hardship License Appeal Process
    • Check your Eligibility for a Mass. Hardship License
    • More Board of Appeal Information
  • CDL Revocations
    • CDL License Suspension Penalties
    • Commercial Drivers License Suspensions
    • Mass. CDL Suspensions & Disqualifications
    • CDL Disqualifications & Revocations
    • Mass. DUI Commercial Drivers License (CDL) Penalties
    • Tough Penalties for CDL Holders in Massachusetts
    • Latest CDL News & Information

Massachusetts Drunk Driving Law

Drunk driving, which is more formally known as operating under the influence, is not the minor motor vehicle offense it once was. Penalties and license suspensions have steadily increased over the years, so that a DUI conviction can have major consequences. The latest revision to the Massachusetts Drunk Driving Law was enacted by the passage of Melanie’s Law. This legislation substantially increases the penalties for DUI and breathalyzer refusals by eliminating the 10 year DUI lookback period, increasing the length of breathalyzer refusal suspensions, requiring ignition interlock devices for repeat offenders, and making prior DUI convictions easier to prove. It also provides for vehicle forfeiture in certain cases, creates the new crime of OUI child endangerment, implements new minimum mandatory jail and prison sentences for certain DUI offenses, creates the new crime of operating after suspension for OUI, makes it a crime to knowingly allow someone to drive your vehicle with a suspended license, and it criminalizes offenses related to the ignition interlock device.

A person can commit the offense of operating under the influence of alcohol in one of two ways, both of which violate G.L. c. 90 § 24 and result in automatic license suspensions upon a conviction or alcohol program assignment.

First, a person can commit the crime of DUI in Massachusetts by operating a motor vehicle while under the influence of intoxicating liquor, such that the driver’s ability to operate a motor vehicle safely is diminished by alcohol. This means that the driver has consumed enough alcohol so as to decrease his) alertness, mental clarity, self-control, reflexes, judgment and ability to respond promptly, so that he has a reduced ability to drive safely.

Second, a person commits the crime of DUI in Massachusetts by operating a motor vehicle while having a blood alcohol level of .08 percent or greater, by weight. Here, the fact finder can you consider evidence of a breath or blood test result of .08 or greater, if the judge or jury believes that evidence is reliable.

In either case, to obtain a DUI conviction in Massachusetts, in addition to proving one of the two theories listed above, the prosecution must prove beyond a reasonable doubt that the person charged with OUI operated a motor vehicle and that the operation occurred either on a public way or in an area where the public has a right of access or where the public has access as invitees or licensees.

In order to convict a Massachusetts DUI defendant of 2nd, 3rd, 4th, 5th, or subsequent offense DUI, the prosecution must prove beyond a reasonable doubt that the defendant has the requisite number of prior operating under the influence convictions. However, even when the prosecution cannot prove prior offenses or there is a plea bargain made whereby the defendant will only be found guilty of as much as the complaint which alleges a 1st offense DUI, MassDOT is required to set the length of the DUI license suspension based on the number of prior DUI convictions or alcohol program assignments found in the defendant’s driving and criminal records. For the purpose of ignition interlock requirements and Massachusetts DUI license suspensions, all prior DUI convictions and program assignments count, no matter where or when they occurred.

The Massachusetts DUI law contains escalating license suspensions and revocations for repeat DUI offenders such as 2 year suspensions for 2nd offenders, 8 year revocations for 3rd offenders, 10 year revocations for 4th offenders, and lifetime license revocations for those who have 5 or more drunk driving convictions or alcohol program assignments no matter when or where they occurred.

There are also escalating breathalyzer refusal penalties which range from 6 months for adult first offenders, to 3 years for 2nd offenders, 5 years for 3rd offenders, and permanent lifetime license revocations, with no possibility of getting hardship licenses, for those who refuse to submit to a chemical breath or blood test, after having been arrested for DUI, who have 3 prior DUI convictions or assignments to alcohol education programs.
The Registry of Motor Vehicles is required to impose these increasingly severe consequences in the form of progressively longer license suspensions and revocations solely based on its records and the Registry is not bound by any determination made in the DUI trial regarding whether to charge or convict as a 2nd, 3rd, 4th, or 5th offense DUI.  For RMV purposes all that matters is that the person was convicted and the number of prior convictions contained in Registry records, including out of state convictions or program assignments.

Related Articles

  • Breathalyzer & Chemical Test Refusal Suspension
  • Breathalyzer Refusal Suspension Appeals
  • Breathalyzer Refusal Rights & Penalties
  • Breathalyzer & Chemical Test Refusal Suspension
  • Appealing a 5 year Chemical Test Refusal Suspension
  • 2nd Offense DUI Suspensions
  • Melanie’s Law
  • OUI Defense
  • Tougher Mass. OUI & other Motor Vehicle Laws Proposed

Primary Sidebar

Attorney Brian E. Simoneau
550 Cochituate Road, Suite 25
Framingham, MA 01701-4683 (map)
Call or Text: 508-656-0057
Fax: 508-302-0212

Contact Us

  • This field is for validation purposes and should be left unchanged.

Recent Posts

  • Thousands of DUI Convictions may be Reversed
  • Reinstate from an Indefinite Immediate Threat Revocation
  • Indefinite Complaint Regulatory Suspensions
  • The Ignition Interlock Operator’s Affidavit
  • Ignition Interlock Early Withdrawal Suspensions
  • Same Day RMV Hearings
  • Ignition Interlock Device Installation
  • The Work and Family Mobility Act
  • License Suspensions for Ignition Interlock Failed Start Violations

Let’s work together to get you back on the road, legally.

Contact us today regarding your Massachusetts License Suspension or Revocation.

Get Your License Back

Contact Us

  • This field is for validation purposes and should be left unchanged.

Footer

Disclaimer

Mass. RMV Lawyers is not a government agency or affiliated with the Massachusetts Registry of Motor Vehicles or any DMV. You can reach the suspension section of the Mass. RMV at 857-368-8200 and you can reach the Mass. Board of Appeal at 617-521-7794.

Contact

Brian E. Simoneau, Esq.
550 Cochituate Road, Suite 25
Framingham, MA 01701-4683
(508) 656-0057
attorney@rmvappeal.com

Recent Posts

  • Thousands of DUI Convictions may be Reversed
  • Reinstate from an Indefinite Immediate Threat Revocation
  • Indefinite Complaint Regulatory Suspensions
  • The Ignition Interlock Operator’s Affidavit
Call Us
Text Us

Copyright © 2023 · WordPress website customization by Anything Graphic. Nav Map