Operating While License Suspended for OUI

Operating with a License that is Suspended from an Operating Under the Influence Conviction (OAS for OUI)

In Massachusetts, under MGL c. 90 s. 23, operating with a license that is suspended due to an OUI charge carries a minimum mandatory jail sentence of 60 days, up to the following potential penalties:

2 1/2 years in jail
1 year license loss (mandatory)
$1,000 fine (minimum) up to $10,000 fine

If you are charged with this offense, it is very important that we review your case as soon as possible. We have represented clients who have been improperly charged under this statute, and as a result we were able to convince the prosecutors to drop the charge. A review of your full criminal record, and more importantly your RMV driving record, is critical. The reason for your underlying license suspension must be the statutory suspension from the court. That means that if, at the time you were charged with this new offense of operating with a suspended license for OUI, your license was suspended for refusal to take the breath test, failing the breath test, or any other administrative RMV suspension, you cannot be convicted under this statute, and the charge should be amended to simple operating with a suspended license. This is very significant, as it takes a mandatory jail sentence off the table.

Operating Under the Influence while License is Suspended for Prior Operating Under the Influence

If you are charged with OUI while your license was suspended for a prior OUI charge, you face a minimum mandatory 1 year jail sentence up to the following potential penalties:

2 1/2 years in jail
$2,500 fine (minimum) up to $10,000 fine
1 year license loss (mandatory)

In order to be convicted under this paragraph, the prosecution must prove that your license was suspended specifically for the prior OUI, and not for some other offense from the court or an administrative suspension from the RMV. Further, the prosecution must prove that you were under the influence of alcohol or drugs, and overcome all of the obstacles they face in OUI cases.