Can I Lose My License in Massachusetts for Refusing a OUI Chemical Test?

Item: Law Office of Paul M. King, P.C.
Rating: 5
Author: Patti

Massachusetts provides various penalties for a conviction of refusing to submit to a chemical test, such as a breathalyzer, as noted below.

If you have been charged with refusing to submit to a breathalyzer test, please contact our firm immediately so we can help protect your rights.

License Suspension Periods for Refusing Chemical Test Massachusetts Drivers Over Age 21

No Prior OUI Offenses:	180 Days
1 Prior OUI Offense:	3 Years
2 Prior OUI Offenses:	5 Years
3 or More Prior OUI Offenses:	Lifetime

Unlike the criminal OUI statute, there is no “second chance” to be deemed a first offender when a single prior is outside of 10 years. Although you may be eligible for the alternative 24(D) disposition and 45 day loss of license, it would not eliminate the three (3) year suspension for refusing the chemical test (breathalyzer). Instead, you will have to apply for a hardship license three business days after your enrollment in the 24(D) program following the conclusion of your criminal case and drive on this hardship license for the duration of your entire license suspension (e.g. 3 years and 45 days). During this period, and for two years after the reinstatement in full of your license, you will have to install the ignition interlock device (portable breathalyzer) in your car.

Drivers Age 18 to 21

No Prior OUI Offenses:	3 Years + 180 Days
1 Prior OUI Offense:	3 Years + 180 Days
2 Prior OUI Offenses:	5 Years + 180 Days
3 or More Prior OUI Offenses:	Lifetime + 180 Days

Drivers Under 18

No Prior OUI Offenses:	3 Years + 180 Days
1 Prior OUI Offense:	3 Years + 180 Days
2 Prior OUI Offenses:	5 Years + 180 Days
3 or More Prior OUI Offenses:	Lifetime + 180 Days

License Suspension Periods for Failed Chemical Tests

DRIVERS OVER AGE 21:

30 Day License Suspension, or until the conclusion of the court case, whichever is shorter.

DRIVERS AGE 18 to 21:

30 Day License Suspension, plus an additional 180 days. The 180 day suspension is known as the 24P suspension and waivable upon entry into the DPH approved program, provided this is an individual’s first OUI case.

DRIVERS UNDER AGE 18:

30 Day License Suspension, plus an additional 1 year. The 1 year suspension may be reduced to 180 days upon entry in the DPH approved program, provided this is the Defendant’s first OUI case.

More Information About My OUI/DUI/DWI Practice

What Our Clients Are Saying About Paul King

“Paul won my case with ease. I contacted Paul because I received a ticket for driving on a suspended license, and was facing criminal charges, and potential loss of license as a result. Several incidents, the RMV assigning me two drivers license numbers on the same account, and numerous misunderstandings later, the walls I was continuously running into trying to clear it up, came down. I called Paul, provided the information he asked for, and when the day of court came, I showed up ready to make my case. When my name was called, and I approached the bench, the DA said, “The state moves to dismiss.” The judge replied, “dismissed; license reinstated”, and I was done. I never said a word. Paul handled it all behind the scenes. The best part was how reasonable his bill was. He handles things quickly, and bills fairly. I expected to pay more than twice what I did. I hope my run-ins with the law (and RMV) are over for good, but if I ever do get in trouble again, I’m calling Paul King.”

Google 5 Star Review – Patti