When can I get back on the Road being Charged with OUI?

After being charged with a first offense OUI in Massachusetts, many start to wonder when they can get their license back and what the process of doing so is. At DelSignore Law, we handle OUI cases every day in court, and understand the difficulties associated with not having a license. You have court dates you must attend, work to get to everyday, and your family relies on you. How soon you can get your license back will depend heavily on your individual case, and you should consider contacting us today to learn more.

After being arrested and charged with OUI, the police will bring you back to their police station for the booking process. The booking process is a standard process, an intake rather, where the police collect information about you in order to process you through the system. However, part of the booking process, after being charged with an OUI, is the breathalyzer test which the police will ask for you to consent to.

If you did take the breath test which yielded a .08 or greater, your license will be suspended for 30 days. You will have to wait out the 30 days before you can get your license back. In Massachusetts, a breath test over .08 is considered a failed test. Once the 30 days passes, you can get your full license back by going to the RMV and paying a $500.00 reinstatement fee.

On the other hand, if you refused the breath test at the station, your license will be suspended for 6 months. However, with refusal cases, there is a way to attempt to get your license back sooner than the 6 month. We can appeal your license suspension to the Registry of Motor Vehicles in Boston. There are some limitations to the appeal; you must appear at the RMV within 15 days of your arrest in order to appeal the suspension. The 15-day period includes holidays and weekends, so you need to make every effort possible to head there immediately.

If we are successful at the hearing, you can expect to have your license restored in about 3 months. However, these hearings can be difficult to win for a number of reasons, but at DelSignore Law we have won many of them.

Another strategy to get your license back without having to wait six months is to get your case to trial before then. If we are able to win your trial and you are found not guilty, your license will be restored. This will largely depend on the court your case is being heard in, as some courts are backed up and getting a case to trial within 6 months will not be feasible. Regardless, your license will be restored after 6 months.

The short answer is yes, but there is a catch as you will have to resolve the case. You will receive what is called a 24D resolution, which is the most common resolution for OUI first offense charges. When you accept the 24D disposition, you will then be eligible for a hardship license.

Attorney DelSignore explains the options for getting your license back after being charged with OUI

We handle cases similar to yours everyday across Massachusetts. We know that being charged with a crime is stressful, and that the license consequences only add to that stress. In an effort to ease some of the burden, DelSignore Law has established offices across Massachusetts to better serve our clients. We would be happy to meet with you in a convenient office location today!

You can read more about a first offense OUI charge and whether or not it is a felony or misdemeanor charge in Massachusetts on our website today!