When Does an OUI Suspension Happen in Massachusetts?
Massachusetts imposes both administrative (RMV) and criminal (court-ordered) license suspensions for OUI cases. You may face a suspension even if you haven’t been convicted.
Here are the most common situations that trigger a suspension:
- Refusing a breathalyzer (Chemical Test Refusal - CTR)
- Immediate suspension under the “implied consent” law
- Ranges from 180 days to lifetime, depending on prior offenses
- Failing a breath test (Blood Alcohol Content over 0.08)
- 30-day RMV suspension immediately after arrest
- Court-ordered suspension after OUI conviction or plea
- Duration depends on offense number (1st, 2nd, 3rd, etc.)
In many cases, you’re facing multiple overlapping suspensions due to other charges such as Negligent Operation, or Reckless Driving, each with different eligibility dates and requirements. That’s where our legal expertise makes a difference.
OUI Suspension Lengths in Massachusetts
| Offense | Breath Test Refusal | Conviction Suspension | Hardship License Eligible After |
|---|---|---|---|
| 1st OUI | 180 days | 45-90 days (with 24D program) | Immediate (with 24D program) |
| 2nd OUI | 3 years | 2 years | 1 year (with treatment) |
| 3rd OUI | 5 years | 8 years | 4 years |
| 4th+ OUI | Lifetime | 10+ years | Hardship licenses rarely granted |
Note: Suspensions are longer if your license was already suspended or revoked at the time of the arrest.
Can I Get a Hardship License After an OUI Suspension?
Yes—many OUI offenders are eligible for a hardship license, which allows limited driving (usually 12 hours/day) for work, school, or medical purposes. However, approval depends on:
- Completion of required alcohol education or treatment programs (like the 24D or 2-week inpatient program)
- Time already served on your suspension
- Proof of hardship and ongoing recovery
- Strong documentation and RMV/Board of Appeals approval
Hardship licenses for 2nd and 3rd offenses require ignition interlock devices (IID), installed at the driver’s expense.
We help clients prepare and present strong hardship license applications—whether directly through the RMV or at the RMV Board of Appeals.
How We Help Clients Facing OUI Suspensions
At DeGiacomo & Mikhlin, P.C., we offer full legal support for all aspects of OUI-related license suspensions:
- Challenge the suspension through RMV hearings or Board of Appeals
- File for a hardship license with complete documentation
- Help you reinstate your license after your suspension ends
- Defend your OUI case in court while managing the RMV consequences
- Review prior OUI convictions if required, which can reduce the suspension if challenged successfully
We don’t just handle the court side of your case—we manage the real-life impact of a license suspension from start to finish.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
FAQs About OUI License Suspensions in Massachusetts
Can I appeal a breath test refusal suspension?
Yes, but you must act fast. You have just 15 days to request a CTR appeal hearing through the RMV.
What happens if I drive on a suspended license after an OUI?
You can be charged with Operating After Suspension for OUI, a serious criminal offense with mandatory jail time. Never drive until your license is legally reinstated.
Can I get a hardship license while my case is pending?
No. You need to resolve the case and possibly serve a portion of the suspension first. We’ll evaluate your specific timeline.
Will I need an ignition interlock device?
Yes, for 2nd or 3rd offense hardship licenses and full reinstatements. One is also required for a first offense if your breath test result was 0.15% or higher.
Protect Your License—Call Us Today
An OUI arrest can derail your life, but with the right legal guidance, you can minimize the damage, protect your license, and start moving forward. At DeGiacomo & Mikhlin, P.C., we’re ready to fight for your driving privileges—and your future.
Call now for a free consultation Or fill out our contact form to get started!
We’ll help you understand your options—and take the steps needed to get you back on the road.
Related pages: Hardship Licenses, Immediate Threat Suspensions, RMV Appeals.