Driver's License Suspension in Massachusetts

Brighton OUI Lawyer

While there are many ways you can have you license suspended in Massachusetts, one of the most common causes for suspension is a conviction for operating under the influence (OUI), for which you will receive a one year license revocation. At Russell Defense Firm, Attorney Adam Russell stands ready to assist you in retaining your driver's license or reinstating a previously revoked license.

Why You Should Turn to Russell Defense Firm

He has the experience and ability to aggressively defend you and protect your driving privileges. When you work with Adam, you can receive immediate defense, and together you will begin preparing a case to ensure that you are able to regain your driver's license.

Adam proudly provides free case evaluations to all potential clients and works to ensure that each client can receive high quality defense at an affordable price, Do not hesitate to contact Russell Defense Firm about getting back your license!

How can I lose my license?

While OUIs are some of the most common reasons for license suspension, they are not the only reason that your license can be revoked. Automatic license suspensions can occur because of the following:

OUI Convictions

1 year

First offense OUI. Conviction of operating under the influence of liquor or drugs under G.L. c. 90, § 24(1)(a). Work or education hardship available after 90 days.

2 years

Second Offense OUI conviction. 12 hour hardship license available after 1 year with Ignition Interlock Device for an additional 2 years. G.L. c. 90, § 24(1)(c)(2).

8 years

Third Offense OUI conviction. 12 hour hardship after 2 years. G.L. c. 90, § 24(1)(c)(3) with Ignition Interlock for additional 2 years.

10 years

Fourth Offense OUI. 12 hour hardship after 5 years. G.L. c. 90, § 24(1)(c)(3½) with Ignition Interlock for an additional 2 years.

Lifetime

Fifth Offense OUI. No license reinstatement available. G.L. c. 90, § 24(1)(c)(3¾).

Chemical Test Failure

30 days

Court ordered after chemical test failure (.08 or .02) when police fail to initiate ALR at time of arrest. Person is entitled to hearing in District Court under G.L. c. 90, § 24N.

45 to 90 days or 210 days

After 1st offense assignment to alcohol or drug education program pursuant to G.L. c. 90, § 24D.

210 days

After assignment of an underage person to an alcohol education program pursuant to G.L. c. 90, § 24D.

Chemical Test Refusal (at the police station on an approved device under 501 C.M.R. 2.04.)

180 days

Chemical test refusal for person NEVER previously convicted of operating under the influence. G.L. c. 90, § 24.

3 years, possible to 180 days

Chemical test refusal for person previously convicted of operating under the influence on 1 prior occasion. G.L. c. 90, § 24. Possible reduction to 180 days under Souza v. Registrar of Motor Vehicles, 462 Mass. 227 (2012).

5 years

Chemical test refusal for person previously convicted of operating under the influence on 2 prior occasions. G.L. c. 90, § 24.

Life

Chemical test refusal for person previously convicted of operating under the influence on 3 prior occasions. G.L. c. 90, § 24.

Other Suspensions or Revocations

30 days

Second conviction for failure to stop for a school bus. G.L. c. 90, § 143

1 year

Third or subsequent conviction for failure to stop for a school bus. G.L. c. 90, § 143

30 days

3 or more responsible findings for speeding. G.L. c. 90, § 20.

30 days

Chemical test failure of .08 or greater for a person over 21, and .02 or greater for a person under 21. G.L. c. 90, § 24.

180 days

Additional suspension of license for person under 21 years of age failing chemical breath test with result of .02 or greater. G.L. c. 90, § 24.

30 days (90 days to 1 year)

Misuse or wrongful display of handicap plate or placard. (90 days for second offense). 540 C.M.R. § 17.05(5)

60 days (1 year)

Operating without liability insurance (1 year revocation for second or subsequent conviction within 6 years). G.L. c. 90, § 34J.

60 days (1 year)

Operating after suspension or revocation (one year revocation for operation in violation of G.L. c. 90, § 24N); G.L. c. 90, § 23.

60 days (1 year)

Operating to endanger (1 year revocation for subsequent conviction within 3 years). G.L. c. 90, § 24(c)(iv). Suspension becomes discretionary if court recommends no loss of license. G.L. c. 90, § 24(2)(b). Note: under G.L. c. 90, § 24(2)(c)(iv), the registrar may after investigation, rescind a license loss for operating to endanger.

60 days (1 year)

Operating on a wager or in a race (1 year revocation for subsequent conviction within 3 years). G.L. c. 90, § 24(c)(iv). Suspension becomes discretionary if court recommends no loss of license. G.L. c. 90, § 24(2)(b).

180 days (1 year)

Under 18 years age convicted of any offense under G.L. c. 90, § 24, 24G, 24I, 24L but not required to attend alcohol program under G.L. c. 90, § 24P(b). No statutory provision for early reinstatement (1 year for second or subsequent conviction). G.L. c. 90, § 24(2)(a).

180 days (1 year)

Drinking and driving by individuals under 21 years of age who are arrested or charged with OUI and fail or refuse a chemical test. First offenders between the ages of 18 and 21 are suspended for a period of 180 days but may obtain a waiver of the suspension by attending an alcohol program. First offenders under the age of 18 are suspended for 1 year, but may have the period reduced to 180 days by attending an alcohol program. G.L. c. 90, § 24P(a).

1 year

False, use, transfer, manufacture, possession, forgery, or sale of a liquor purchase identification card issued by the registrar or any false license or identification. G.L. c. 138, § 34B; G.L. c. 90, § 22(e).

1 year

False use, manufacture, possession, forgery, or counterfeiting of registry document, signature, or stamp. G.L. c. 90, § 24B. see also G.L. c. 90, § 24(2)(a).

1 year

Illegally carrying firearms in a vehicle. G.L. c. 140, § 131C.

1 year

Defacement of real or personal property. G.L. c. 266, § 126A.

1 year

Tagging, aka graffiti. G.L. c. 266, § 126B.

1 year (2 years)

Leaving the scene of personal injury (two year revocation for any subsequent conviction.). G.L. c. 90, § 24(2)(c)(i). Suspension becomes discretionary if court recommends no loss of license. G.L. c. 90, § 24(2)(b).

1 year (3 years)

Operating under the influence with a child 14 years of age or younger in vehicle (3 year revocation for subsequent conviction). G.L. c. 90, § 24V.

1 year (3 years)

Unauthorized use of a motor vehicle (three year revocation for an subsequent conviction.). G.L. c. 90, § 24(2)(c)(iii).

1 year (5 years)

Theft, malicious damage, or concealment of a motor vehicle or trailer. (5 year revocation for subsequent conviction). G.L. c. 266, § 28.

2 years

Operating under the influence with serious injury resulting. G.L. c. 90, § 24L(4).

3 years (10 years)

Leaving the scene of a fatal accident. (10 years revocation for subsequent conviction). G.L. c. 90, § 24(2)(c)(ii).

4 years

Classification as habitual traffic offender (HTO) for 12 adjudications of motor vehicle offenses or three convictions of serious motor vehicle offenses within 5 years. Note: within 6 months of mot recent, i.e. 3rd or 12th, adjudication, the registrar must hold a hearing to determine HTO status; the registrar must provide 21 days' notice of the hearing along with a list of the offenses used to determine HTO status. The registrar has broad discretion under Andonian v. Registrar of Motor Vehicles, 29 Mass. App. Ct. 942 (1990), to consider any moving violation for calculation of HTO status. Early reinstatement of 12-hour hardship license is available after 1 year. G.L. c. 90, § 22F.

1 to 5 years

Convictions under G.L. c. 94C, Controlled Substances Act. G.L. c. 90, § 22(f).

15 years

Motor vehicle homicide. Lifetime for subsequent conviction. G.L. c. 90, § 24G(c).

15 years

Manslaughter while operating a motor vehicle. G.L. c. 265, § 13 ½. Registrar has discretion to revoke for any period 15 years to life. G.L. c. 90, § 24.

Lifetime

Conviction of motor vehicle homicide or manslaughter with prior conviction under G.L. c. 90, § 24(1)(a), 24G or 24L or G.L. c. 265, § 13 ½ , or a like violation in another jurisdiction.

60 days

General violations of G.L. c. 90, G.L. c. 90F, 540 C.M.R. § 2.06, or 49 C.F.R. § 383. Applied independently of any civil or criminal charges that may be pending or resolved. 540 C.M.R. § 2.06(5)(b)(2).

60 days

Agents committing, authorizing, requiring, or allowing violations of 540 C.M.R. § 2.06 on behalf of an employer. 540 C.M.R. § 2.06(5)(b)(3).

60 days

Violations of G.L. c. 90, § 25. Refusal to obey a police officer. Applied independently of any civil or criminal charges that may be pending or resolved. 540 C.M.R. § 2.06(5)(b)(4).

60 days

Violations of G.L. c. 90, § 24B. Falsely making, using, obtaining, altering, or publishing or assisting another to commit such offenses). Applied independently of any civil or criminal charges that may be pending or resolved. 540 C.M.R. § 2.06(5)(b)(5).

Up to 180 days

Violations of G.L. c. 138, § 34B. False use, transfer, manufacture, possession, forgery, or sale of a liquor purchase identification car issued by the registrar or any false license or identification car. Applied independently of any civil or criminal charges that may be pending or resolved. G.L. c. 90, § 22(e).

90 days

Abandonment of a motor vehicle. G.L. c. 90, § 22B.

1 year

Employing unlicensed motor vehicle operator. G.L. c. 90, § 12(a), (d).

1 year

Allowing individual with IID restriction to operate a motor vehicle under one's control without an IID. G.L. c. 90, § 12(c), (d).

30 days to indefinite

"Complaint regulatory"; administrative action by registrar pursuant to G.L. c. 90, § 22(b); 540 C.M.R. § 9.03-.05. The registrar may suspend the license of someone believed to be mentally or physically incompetent to operate a motor vehicle for a maximum of 30 days and only after notice and hearing. Note" unlike an immediate threat suspension under G.L. c. 90, § 22(a), here 14-day notice is provided and a hearing is held prior to the suspension. Because of the obvious danger such person may present, the registrar may employ G.L. c. 90, § 22(a) to extent the suspension beyond 30 days.

Indefinite

Immediate threat under G.L. c. 90, § 22(a). Upon receipt of a complaint indicating that an individual's driving behavior presents an immediate threat to public safety, the registrar will immediately revoke an individual's right to operate. The individual is entitled to a hearing concerning the complaint within 30 days.

Indefinite

Failure to file an accident report. G.L. c. 90, § 26.

Indefinite

Failure to report change of name or address to the registry. G.L. c. 90, § 26A.

By working with Adam Russell from Russell Defense Firm, you may be able to reinstate your license or obtain a hardship license after revocation.

Hardship Licenses

A hardship license allows you to operate a vehicle under closely monitored and restricted conditions, such as traveling to and from school, work or necessary errand running such as grocery shopping or doctor visits.

Get Your License Reinstatement by Working with Russell Defense Firm

If you are looking to completely reinstate your license without restrictions, you will need to work with the firm. Adam can work with you to present your case to the Registry of Motor Vehicles and defend you against further fees and restrictions. If your license has been suspended, do not hesitate to contact Russell Defense Firm as soon as possible and speak with Brighton criminal defense lawyer from his firm now!

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