Massachusetts Administrative Driver's License Suspension Law

BREATH TEST FAILURES AND REFUSALS

Note: Operators under age 21 face additional penalties to the following under c.90,§24P (see elsewhere in these materials)

CHEMICAL TEST FAILURES:

A breath test of .08 for operators over age 21, or .02 for operators under age 21 incurs a 30 day suspension. Note: This suspension terminates at 30 days or with the disposition of the case, whichever is earlier.

CHEMICAL TEST REFUSALS:

Suspensions for Chemical Test Refusals increase when the operator has had previous OUI convictions within their lifetime. Contrary to the popular opinion, the enhanced suspensions are not based on previous refusals.

180 days: Operator over age 21 who refuses and has no prior OUI convictions

 

3 years: Operator over age 21 who refuses and has one prior OUI conviction or operator under age 21 with no or one prior OUI conviction.

 

5 years: Operator who refuses and has two prior OUI convictions.

 

Lifetime: Operator who refuses and has three or more prior OUI convictions

Effects of a Not Guilty / Dismissal

  1. When the operator is under a 180 day (or more) suspension for refusing the test:

The finding does not automatically terminate the suspension, but there is a presumption that the license will be returned. The return of the license must be in writing and ordered by the judge.

LICENSE REINSTATEMENT FEES

First Offense $300.00

Second Offense $500.00

Third Offense $1,000.00