How to Get Your License Back After an OUI in Massachusetts

In Massachusetts, operating under the influence is a crime where a person is guilty of being intoxicated beyond the state's legal limit while driving. According to Massachusetts OUI laws, anyone convicted of an OUI may be subject to various penalties imposed by the court, such as fines, jail time, and driving restrictions. The offender may also have the Registry of Motor Vehicles suspend their license.

Step 1: Know the Terms of Your Suspension

A person guilty of committing an OUI may face restrictions on their driving privileges. However, the length of time an offender loses their license depends on factors such as the vehicle type, the driver's age, and whether they are repeat offenders or refuse to take a test. For example, according to the Registry of Motor Vehicles, a person will have their license revoked for 30 days if they fail a breathalyzer test. The following are other offenses and their suspension durations:

Step 2: Fulfil Court and DMV Requirements

The court and the Massachusetts Registry of Motor Vehicles' decisions on OUI offenses are independent. Both are responsible for meting out punishments for OUI violations, although in different capacities. Courts mainly focus on criminal penalties such as fines, imprisonment, and probation.

Meanwhile, the RMV's powers are primarily administrative. They may only impose fines, revoke licenses or mandate educational programs. The registry only conducts hearings about the offender's driving privileges.

Interested parties should note that suspensions issued by a court and the RMV differ. For example, if the court suspends a person's license for 60 days, the RMV may suspend it for 90 days. Both suspensions are separate and will be served concurrently. However, since the RMV only serves administrative functions, a court's decision has precedence. If a court finds a person not guilty, the RMV may be compelled to terminate a license suspension.

Step 3: Complete an OUI Education or Treatment Program

According to the Massachusetts General Laws Chapter 90 Section 24D, an individual found guilty of a first offense of OUI may consent to be assigned to a Massachusetts Impaired Driving Program (MID). This program is usually offered as a condition of probation and an alternative to incarceration. The RMV will suspend the offender's license once the court informs that they have assigned the offender to a MID program for 45-90 days.

The MID program must be completed with a state-approved provider. Under Massachusetts law, the Massachusetts Department of Public Health, Bureau of Substance Addiction Services, has exclusive jurisdiction to license and approve impaired driving programs.

The Department of Public Health created the MID program specifically for the education and treatment of drivers who operate a motor vehicle while under the influence of alcohol or drugs. For more details, individuals may refer to the Massachusetts substance abuse information and education helpline website.

To complete an MID program, individuals must go through 38 hours of programming, which will include:

1. An intake session
2. MID group sessions
3. Mid-point review assessment
4. Victim Impact Awareness
5. Community-based self-help meetings
6. Individual discharge interview
7. Completion.

All participants in the MID program are accountable for meeting all its requirements. Failure to do so will result in notification to the referring court, and the individual could potentially face suspension or termination of participation. Individuals must maintain communication with the program throughout enrollment and obtain an official letter of completion.

Step 4: Get SR-22 Insurance or Equivalent

SR-22 is a motor vehicle liability insurance document that high-risk drivers must attach to their personal automobile liability insurance policy. Parties should note that this is not an insurance policy on its own but a document proving you have the minimum liability insurance your state requires.

An SR-22 is not required in Massachusetts unless the court requests that an OUI offender get one. It will, however, be necessary if a person licensed by the Massachusetts RMV is arrested for an OUI in a state that requires it. A person may get an SR-22 insurance by simply getting in touch with their insurance company. Individuals should expect to spend about $170 to get an SR-22 insurance.

Step 5: Pay Reinstatement Fees

The Massachusetts RMV allows people to reinstate licenses that have been revoked or suspended. Individuals must first check their license status and see their case's requirements. They must then pay the reinstatement fees. The amount a person will pay depends on the offense they committed. In Massachusetts, reinstatement fees range from $100 to $1,200.

Parties may pay for their reinstatement fees online. They may also pay them in person at an RMV Service Center. These centers accept cash, checks, money orders, and credit or debit cards. It is important to check ahead of time what payment method the service centre you are visiting accepts.

Step 6: Submit Your License Reinstatement Application

Before a person may apply for reinstatement, they must:

• Check their license status to see if they met their case's requirements.
• Pay the reinstatement fee. The amount the offender must pay depends on the violation.

Depending on the kind of license, a person may be mandated to take and pass one or more of the following tests to have their license reinstated:

• Class D learner's permit exam
• Class M learner's permit exam
• Class D road test
• Class M road test
• Commercial driver's license learner's (CDL) permit exam
• CDL road test

If someone has satisfied all the aforementioned requirements, they should download and complete this application form. Once completed, the form may be sent to or submitted in person to any RMV Service Center. Interested parties may find addresses to RMV Service Centers here.

What If You're Denied License Reinstatement in Massachusetts?

The Massachusetts Registry of Motor Vehicles may deny reinstatement if:

• You failed to meet specific requirements mandated by the court or the RMV.
• There are missing documents in your reinstatement application.
• You have yet to pay the outstanding tickets and fees.
• You fail a substance abuse evaluation, a hardship hearing, or present insufficient evidence for safe driving.

Interested parties may appeal a denial through the Board of Appeal. The Board does not hold physical hearings, so you must attend a hearing virtually by video or telephone. The Board will notify you when the hearing is expected to take place. Additionally, be sure to inform your attorney of the date and time of your hearing if you will be using one.

Ensure to attach a $50 money order or check to your appeal form. This check must be made payable to:

Commonwealth of Massachusetts
License Suspension Appeals
Division of Insurance
One Federal Street, Suite 700
Boston, MA 02110-2012

Hardship Licenses: Driving with Limited Privileges

A hardship license is a kind of driver's license issued to a person following the revocation or suspension of their license after being convicted of an OUI. It allows a person to drive their vehicle at specific times, for limited hours and for essential purposes. Parties may apply for a hardship license by taking the following steps:

1. Attend a hearing at an RMV hearing site.
2. Provide all necessary documents to the hearings officer.

Note: There are requirements a person must meet before they may get a hardship license. However, requirements vary depending on the kind of hardship license they wish to get. The links below list all the requirements that must be met to qualify for different types of hardship licenses.

• First Offense (24D) OUI Hardship License Criteria
• Multiple Offense OUI Hardship License Criteria
• Drug Offense (94C) Hardship License Criteria
• Habitual Traffic Offender Hardship License Criteria

How Long Does It Take to Get Your License Back After an OUI?

The duration of a license suspension in Massachusetts after an OUI (Operating Under the Influence) arrest varies depending on the circumstances around the suspension, including whether the motorist failed or refused a breathalyzer and if the violation was the driver's first or second time. A 30-day suspension follows a failed breathalyzer test (0.08% or above) for a first offense. If an individual over 21 refuses to take a breathalyzer, they will be suspended for 180 days. A first-time offender faces a one-year penalty if proven guilty of OUI in court. However, the suspension for a 24D disposition (a first offender program) may be as short as 45 to 90 days, and you will be eligible for a hardship license right away.