Driving on a Suspended License for OUI in Massachusetts

As a Massachusetts OUI Lawyer, Attorney DelSignore has handled all types of OUI offenses. In some cases, some charged with OUI and with their license suspended because of an OUI continues to drive. This can result in serious legal issues and potential jail time, so it is important to understand what you face in terms of criminal charges.

If you were convicted of an OUI or took a CWOF, and drive prior to your license being reinstated you face a minimum mandatory 60 days jail sentence if you drove while your license is suspended for OUI.

If you were also under the influence when arrested and your license was suspended for OUI, you face a mandatory minimum jail sentence of one year.

What if Your License was Suspended for Refusing a Breath Test or Failing a Breath Test?

If your license was suspended for refusing a breath test or failing a breath test, then your license was not suspended for OUI and you do not face the potential mandatory jail sentence. The Massachusetts Supreme Judicial Court addressed this issue in a case called Commonwealth v. Nascimento from 2018 which held that the breath test refusal and breath test failure suspension were not included in the mandatory provisions of the statute.

What can Happen?

This does not mean you will not still face serious consequences. A judge could certain revoke your bail for picking up a new criminal charge while out on bail on the pending OUI case.

Additionally, the Court is likely to treat the offense different given your pending OUI case and can result in a further suspension of your license. The RMV may deny any hardship request as well given that you drove when your license was suspended.

At DelSignore, Attorney DelSignore has handled many cases involving suspended licenses for OUI and understands best how to resolve them. It is important to call or text at 781-686-5924 immediately to learn what your next steps should be and how to proceeds with this type of criminal charge.

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