Massachusetts DUI License Suspensions

MASSACHUSETTS IMPLIED CONSENT AND ADMINISTRATIVE PENALTIES

In addition to the penalties that may be imposed for a criminal DUI/OUI charge in Massachusetts, separate civil administrative penalties may also apply. Under Massachussetts' Implied Consent law, every driver is deemed to have given his/her consent to a chemical test for purposes of measuring BAC. Upon your arrest for DUI/OUI in Massachusetts, you will be asked to submit to a breath/blood test. You have the right to refuse to supply a breath/blood sample, however you must be told that your failure to submit to a test will result in the penalties listed below. The police must read you what is referred to as your "Implied Consent" rights, informing you of the consequences of your refusal. Failure to do so may affect the admissibility of your breath test refusal or results in court.

Whether you failed a chemical test (if your BAC was .08 or higher), or whether you refused to submit to a chemical test, the following penalties may apply:

CHEMICAL TEST REFUSALS: LICENSE SUSPENSION: 180 days for first refusal (3 years if under the age of 21), 3 year suspension for a second refusal, 5 year suspension for third refusal, lifetime suspension for a fourth refusal; OTHER: mandatory vehicle impound for 12 hours following arrest. No eligibility for a 15 day temporary license. Not eligible for a hardship license until a 24D disposition has been obtained.

CHEMICAL TEST FAILURE (BAC .08 OR HIGHER): LICENSE SUSPENSION: your license will be suspended for a period of 30 days, or until your case is resolved by dismissal, plea, or trial (whichever comes first).  If under the age of 21, your license will be suspended for 180 days if your BAC was .02 or higher. OTHER: mandatory 12 hour vehicle impound for 12 hours following arrest.

MASSACHUSETTS DUI SUSPENSION ADMINISTRATIVE REVIEW PROCEDURE

If you are arrested for DUI/OUI and your chemical test result was .08 or higher, or if you refused to submit to a chemical test, your license will be suspended either by the arresting officer or the judge at your arraignment. You will have 10 days following your suspension in which you may request a hearing to contest your suspension. At the Administrative Review Hearing the following issues will be considered:

CHEMICAL TEST FAILURE ISSUES: whether a blood test was administered in accordance with proper procedures within a reasonable time after a breath test result under .08 was administered (if under age of 21 then under .02). If the judge answers in the affirmative your license will be fully restored.

TEST REFUSAL ISSUES: (1) whether the police had reasonable grounds to believe you were operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or a right of access as invitees or licensees, (2) whether you were placed under arrest, and (3) whether you refused to submit to a chemical test.  If the court finds any of the above issues in the negative, the court will fully restore your license.