OUI License Suspensions
From the very beginning of an OUI case you are informed by the police of a possible suspension of your driver’s license. Because it can often be confusing, here are the actual numbers.
Chemical Test Refusal Suspensions in OUI Cases
If you DON’T refuse the breathalyzer, but you blow over a 0.08% BAC, then your driver’s license will be suspended for 30 days.
If you DO refuse the breathalyzer, the length of your suspension will depend on you age and whether or not you have been convicted of an OUI (or received a CWOF on an OUI) prior to your most recent arrest.
For people over 21 years of age:
- If you REFUSE with NO priors, your driver’s license will be suspended for 180 days.
- If you REFUSE with ONE prior, your driver’s license will be suspended for three years.
- If you REFUSE with TWO priors, your driver’s license will be suspended for 5 years
- If you REFUSE with THREE or MORE priors, your driver’s license will be suspended for life.
Suspensions for OUI Convictions
First Offense OUI – 45-90 days (one year if you do not enter the
court assigned alcohol education program).
Second Offense OUI – two years.
Third Offense OUI – eight years.
Fourth Offense OUI – ten years.
Fifth or Subsequent Offense OUI – lifetime license loss.
How Long the OUI Suspensions Actually Last
If you refused a breathalyzer during your OUI arrest and you were later convicted, it is important to know that the suspensions are run consecutively. That means that if you are charged with a second offense OUI and you refused your breathalyzer at your arrest, you will have your driver’s license suspended for 5 years.
Boston OUI Lawyer James G. DeGiacomo
Boston OUI Lawyer James G. DeGiacomo is an experienced OUI Lawyer, having represented clients charged with first, second, third, fourth, fifth, and sixth offense OUIs throughout the Commonwealth of Massachusetts. If you or a loved one has been accused of OUI, contact OUI Lawyer James G. DeGiacomo today at 617-315-8377.