Unless you get a Not Guilty verdict for an OUI in Massachusetts in court, you can expect to be facing a Massachusetts license suspension. But how long will that suspension last? Or, better yet, can you learn how to get your license back after a DUI or OUI as quickly as possible?
Reinstating a Suspended License Before Your Trial
If you’re charged with a first OUI in Massachusetts, your driver’s license will likely be suspended one way or another. If you take a breath test and fail, you’ll be facing a Massachusetts license suspension of 30 days. If you refuse the breathalyzer test or another form of test, your license will be suspended for 180 days for a first offense.
However, according to Massachusetts law, you can set up a hearing with the RMV to petition your license reinstatement in the time leading up to your trial. It’s important to stress that this is a time-sensitive matter, and you’re going to have to set up the petition with the RMV very shortly after the OUI charge is issued.
You can also try and reinstate your license while your case is pending in court. The process will look similar to the one above, as you’ll need to speak with the RMV, but if the administrative suspension expires before your trial, you’ll only have to pay a fee to get your license reinstated.
How to Get Your License Back After a DUI Conviction
If your case ends with a CWOF, you will have a 45-90 day suspension to deal with. But if your case ends in a “Not Guilty” verdict, then the only OUI or DUI license suspension you will have to deal with will be a result of either failing or refusing the breathalyzer test (which is a penalty that operates independently of any court-mandated suspension).
However, if your first OUI case ends in a “Guilty” verdict, your license will be suspended for one-year in addition to any length of suspension that occurred as a result of a breathalyzer. Even if convicted, the judge can order a 45-90 license suspension if you agree to complete the alcohol program, and you will then be able to apply for a hardship license through the RMV.
Depending on your circumstances, if you receive a one-year suspension, you may be eligible for a hardship license after serving three months of your year-long suspension. This license will still have restrictions placed on it, but it will allow you to drive to-and-from your place of employment or education.
The most important thing you can do for yourself in the face of an OUI in Massachusetts is to seek help from an experienced attorney. With their insight and expertise, you’ll be able to craft a solid defense against the charges in court and help guide you through the process of learning how to get your license back after a DUI first offense.