You can nearly always get a hardship license after a first offense OUI charge, so why risk it? Driving on a suspended license is a criminal offense in all cases, and the penalties are particularly harsh for a license suspension after a DUI.
If the reason for your suspension was a drunk driving conviction, you could face a mandatory minimum 60 days in jail as a sentence.
If the registry suspends your license for refusal to take the breath, it is possible to appeal your license loss at the registry, and also appeal the registry decision to the local district court. There are some technical issues to do with procedures that will occasionally result in license reinstatement, although license reinstatement appeals can be difficult.
Section Any person convicted of operating a motor vehicle after his license to operate has been revoked by reason of his having been found to be an habitual traffic offender, as provided in section twenty-two F, or after notice of such revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license to operate shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two years, or both.
In no case shall a person be prosecuted for operating after suspension or revocation of a license upon a failure to pay an administrative reinstatement fee without a prior written notice from the registrar mandating payment thereof.
This paragraph shall not apply to any person who is charged with operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph a of subdivision 1 of section 24, or section 24D, 24E, 24G, 24L or 24N of this chapter, subsection a of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license or right to operate because of any such violation.
The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 1 year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program.
Section 87 of chapter shall not apply to any person charged with a violation of this paragraph. A certificate of the registrar or his authorized agent that a license or right to operate motor vehicles or a certificate of registration of a motor vehicle has not been restored or that the registrar has not issued a new license so to operate to the defendant or a new certificate of registration for a motor vehicle the registration whereof has been revoked, shall be admissible as evidence in any court of the commonwealth to prove the facts certified to therein, in any prosecution hereunder wherein such facts are material.
A certificate of a clerk of court that a person's license or right to operate a motor vehicle was suspended for a specified period shall be admissible as prima facie evidence in any court of the commonwealth to prove the facts certified to therein in any prosecution commenced under this section.
Upon a conviction of operating after suspension or revocation of license or right to operate under the first paragraph, the registrar shall extend said suspension or revocation for an additional sixty days. Upon a conviction of operating after suspension or revocation of license or right to operate under the second paragraph, the registrar shall extend said suspension or revocation for an additional year.
However, two of the most common causes are accumulating too many traffic violations and DUI. If you accumulate the following traffic violations, you face a suspension of either 30 or 90 days:. Subsequent DUI offenses carry harsher penalties and longer license suspensions. You should speak to a Massachusetts DUI attorney as soon as possible to discuss your case.
For most license suspensions , you face the following potential penalties if convicted of Operating After Suspension OAS in Massachusetts:. A subsequent offense is punishable by even harsher potential penalties:.
However, operating a motor vehicle while your license is suspended because of a DUI is a much more serious offense.
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