Operating Under the Influence (OUI)

Suspensions

Failing a Breath Test when arrested for Operating Under the Influence

If you are arrested for Operating Under the Influence of Alcohol, you will be asked to consent to a Breathalyzer test to determine your Blood Alcohol Concentration (BAC). If you are 21 years or older and register a BAC of .08 or greater, or if you are under 21 and register a BAC or .02 or greater, your license or right to operate will be suspended for 30 days.

Also, if you are between the ages of 18 and 21, you will be required to participate in a Youth Alcohol Program (YAP) and serve an additional 180 day suspension. There are enhanced penalties if you are under 18 and you are arrested for operating under the influence of alcohol. You will be required to serve an additional one year suspension and attend the YAP program.

Convictions of Operating Under the Influence of Alcohol or Drugs / Alcohol Program Assignments

Effective November 28, 2002, Massachusetts enacted the Lifetime-Look Back Law (M.G.L. Chapter 90 Section 24). For the purpose of calculating OUI, Vehicular Homicide, and Chemical Test Refusal revocation periods, the Registry of Motor Vehicles (RMV) must consider your entire history. All OUIs and Alcohol Program assignments, including out-of-state convictions, no matter how old, will count when determining the number of incidents and the associated periods of revocation/suspension.

Operating Under the Influence of Alcohol or Drugs

Governing Law: Massachusetts General Laws Chapter 90 Section 24

1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
Suspension Period: Court Assigned Alcohol Education Program - 45 days to 90 days
If found guilty Suspension Period: One year
Suspension Period: Two years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Ignition Interlock Device
Suspension Period: Eight years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Ignition Interlock Device
Suspension Period: Ten years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Ignition Interlock Device
Suspension Period: Life

Operating after a suspension for a previous Operating Under the Influence offense

Governing Law: Massachusetts General Laws Chapter 90 Section 23

1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
Suspension Period: One year Suspension Period: One year Suspension Period: One year Suspension Period: One year Suspension Period: One year

Child Endangerment: Operating a motor vehicle under the influence of alcohol with a child 14 years of age or younger in the vehicle

Governing Law: Massachusetts General Laws Chapter 90 Section 24V

1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
Suspension Period: One year Suspension Period: Three years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Suspension Period: Three years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Suspension Period: Three years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Suspension Period: Three years
Reinstatement Requirements: Pass a learner's permit exam and a road test

Operating Under the Influence causing Serious Bodily Injury

Governing Law: Massachusetts General Laws Chapter 90 Section 24L

1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
Suspension Period:Two years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Suspension Period:Two years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Suspension Period: Two years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Suspension Period:Two years
Reinstatement Requirements: Pass a learner's permit exam and a road test
Suspension Period: Two years
Reinstatement Requirements: Pass a learner's permit exam and a road test

Driver Alcohol Education Program Assignments

Pursuant to Massachusetts General Laws Chapter 90 Section 24D, any person convicted of or charged with a first offense of Operating Under the Influence may consent to be assigned to a Driver Alcohol Education Program as a condition of probation. When the court notifies the RMV that you have been assigned to a Driver Alcohol Education Program, the RMV will, as ordered by the court, suspend/revoke your permit/license or right to operate for a period of 45-90 days. The Driver Alcohol Education Program is specifically designed by the Department of Public Health for the education and treatment of drivers who operate a motor vehicle while Under the Influence of alcohol or drugs.

Description Age of Driver 1st Offense
90 24D Alcohol / Drug Program 21+ Years Old 45 - 90 days
90 24D Alcohol / Drug Program Under 21 210 days
Description Age of Driver 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
OUI Drugs Any One year Two years Eight years Ten years Lifetime
OUI Liquor Any One year Two years Eight years Ten years Lifetime
(Out of State) OUI Alcohol / Drugs Any One year Two years Eight years Ten years Lifetime




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