This article discusses:
- License suspension as a result of OUI.
- The significance of a breathalyzer test in the OUI process.
- The role a driver’s license hearing has in getting your license reinstated.
I Was Charged With An OUI And Released From Jail. Is My License Suspended Immediately After An OUI In Worcester, MA?
In general, your license will be suspended if you are charged with an OUI and released from jail.
If you take a breathalyzer test at the police station and you fail, you will lose your license for 30 days. If you refuse to take the breathalyzer at the police station, you will lose your license for at least six months – even more if you have prior OUI convictions.
Most people are in one of those two categories, they either have taken the breathalyzer or they have refused to take a breathalyzer. If you are charged with OUI and you pass the breathalyzer, which is possible but not very common, then you will not lose your license and if for some reason, you are not given an opportunity to take the breathalyzer, most often this occurs when someone gets in a serious car accident and is taken to the hospital rather than the police station, then you would not automatically lose your license.
What Do I Need To Know About My Driver’s License Following An OUI Charge Arrest And Charge In Massachusetts?
The most important thing to know about your driver’s license after an OUI charge in Massachusetts is that you will most likely not have a driver’s license immediately following that arrest. You can look up whether or not this is the case online. We highly recommend doing so to know the status of your license. There are a variety of ways to get your license back if that is something that you need to do in order to continue working, etc.
Do I Need To Hire A Worcester DUI Attorney For My Driver’s License Immediately After A DUI Charge?
Hiring a OUI attorney immediately after being charged is not necessary; however, hiring someone sooner rather than later is ideal. Spending more time without your license than absolutely necessary is not something you should entertain.
What Happens To My Driver’s License If I Refuse An OUI Breath Or Blood Test?
If you refuse an OUI test, you will lose your license for at least six months if you have no prior history of drunk driving. This period is extended significantly if you have prior convictions on your record.
Can I Get A Restricted Driver’s License Up To An OUI Charge In Massachusetts?
If you have resolved in OUI, meaning you pled guilty to it, or you have taken a continuance without finding, you can get what is called a Cinderella license. These are 12 hour a day licenses.
Is It Possible To Win A Driver’s License Hearing After An OUI?
Although it is possible to win a driver’s license hearing with the RMV, it is extremely difficult to. As such, we recommend consulting a lawyer before attempting to do so.
Can Any Evidence And My Administrative Hearing Be Used In The OUI Criminal Hearing Against Or For Me?
Everything that is said in the administrative context can be used against you in the criminal context. Choose your words carefully and seek legal counsel if you think it will help you.
Does The Outcome Of The License Hearing Have Any Impact On My OUI Case In Massachusetts?
The outcome of your license hearing does not have any impact on your OUI case.
For more information on Facing OUI Charges In Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 570-3037 or fill out a contact form today.