License Loss

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

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.


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