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I just got arrested for OUI in Massachusetts

March 28, 2019

Category:

Can I get a Hardship License?

The quick and easy answer is, NO!

Typically, at the time of a Massachusetts OUI arrest the driver’s Massachusetts Driver’s License is immediately revoked through the Registry of Motor Vehicles (RMV) because they submitted to a post arrest breath test over the legal limit of .08, or they refused the requested post arrest breath test. If you took the test, and the results were .08 or higher, the per se suspension is always for a period of ONLY thirty (30) days. You can always reinstate your license through the RMV at the end of this thirty (30) day suspension, regardless of the pending OUI charge in Court.

The chemical test refusal (CTR) suspension is graduated based on a driver’s prior record known to the RMV. Meaning, the suspension is for 180 days if there is no prior record of an OUI conviction, including a continuance without a finding (C.W.O.F.) disposition, anytime in your life, three (3) years if you have one prior, five (5) years if you have two priors, and a lifetime CTR suspension if you have three (3) priors.

Under Massachusetts Law you cannot obtain a Hardship license during any period of CTR suspension. A CTR suspension can only be vacated by a trial judge after you have been found not guilty of the underlying OUI offense.

The exception is on an OUI 1st Offense disposition or Cahill disposition. If you are sentenced by the Court on the OUI 1st Offense charge, to include probation and the alcohol education course, you can apply for a hardship license with the RMV. The Court ordered OUI First Offense suspension, typically forty-five (45) days, is added onto the 180 CTR suspension. If you are fighting the case, and plan on taking it to trial, you cannot obtain a hardship, because you have not been sentenced by the Court on the OUI charge, you are not on probation and you are not enrolled in the Alcohol Education Program, therefore you remain suspended for the CTR period.

If you are facing am OUI 2nd, 3rd offense, or 4th offense you can never get a hardship during the CTR period. Your only relief from the CTR suspension is to obtain an acquittal/not guilty verdict or outright dismissal of the OUI charge, which allows you to ask the Judge to vacate the remaining CTR. This is why it is so important to hire an attorney that will make every effort to win the OUI case at trial, so you can ask the Court to vacate the CTR suspension.

If you are convicted of an OUI subsequent charge, 2nd, or third offense, you must wait until the entire CTR suspension is over, before you can apply to the RMV or Board of Appeal for a Hardship License.

What is the Bowser Law Difference?

Mike Bowser has unique experience and knowledge which he uses to protect his clients.

  • Mike Bowser is the only Board Certified DUI Defense Specialist who practices in MA, NH & ME. This means he had to pass rigorous examinations and interviews about his knowledge of DUI law to become certified.
  • Because he practices in all three states, Mike Bowser knows how to handle the complications that arise when you are charged as an out of state driver.
  • Clients who have hired Mike Bowser LOVE him! Take one look at his reviews and you will see why Mike Bowser is The Most Reviewed 5 Star DUI Defense Lawyer Practicing in MA, NH & ME!
  • He uses his deep understanding of forensic science to pick apart the evidence against you and looks for errors that he can challenge. He then carefully prepares your case with the goal of highlighting these issues and putting you in the best possible position.
  • He is a ruthless cross-examiner who is at home in the courtroom. Judges, prosecutors, and police officers often praise his professionalism and knowledge.

If you are facing a DUI charge, don’t delay. Call now to setup your
free, detailed consultation at

(888) 526-9737

25 years of Proven Personal Injury Results.

(888) 526-9737