Massachusetts DUI trial attorneys

Massachusetts DUI License Suspensions

Melanie’s Law imposes potentially stiff license suspensions for those convicted of operating under the influence in Massachusetts and for those who refuse to submit to a chemical breath or blood test. In cases where a person refuses the breathalyzer and is then convicted of DUI, the Registry will impose two (2) suspensions, one for the refusal and another for the OUI conviction. Melanie’s law allows the registry to “stack” these suspensions, so that the chemical test refusal (CTR) suspension will run first and the OUI suspension will commence only after the CTR suspension is complete. Stated differently, Weston Massachusetts drunk driving suspensions run consecutively and not concurrently with administrative CTR suspensions, which are imposed under the implied consent law.

The following chart, which applies to those over 21 years of age, explains Massachusetts DUI License Suspensions. 

DUI Offense DUI Suspension Hardship License Waiting Period
1st offense 1 year or 45 days w/ 24D Disposition Upon completion of case & 24D program enrollment
2nd offense 2 years 1 year
3rd offense 8 years 2 years
4th offense 10 years 5 years
5th offense Lifetime No Hardship Licenses Granted

Hardshp licenses are, by no means, guaranteed, even if you have served the required suspension time. Generally, they become increasingly difficult to obtain, based on the number of prior drunk driving convictions. Also, when it comes to determining the length of the Weston MA DUI license suspension, how the court treated a particular offense is generally irrelevant. All that matters is the number of prior convictions and alcohol program assignments, which are the same as convictions for the purpose of OUI suspensions.

This chart explains Massachusetts Breathalyzer or chemical test refusal suspensions, which must be completed prior to serving the Weston Mass DUI license suspensions. However, if the defendant is found not guilty of DUI or the drunk driving charges are dismissed, it may be possible to eliminate the breathalyzer refusal suspension by having a hearing before the judge who presided over the DUI trial.

Number of Prior DUI Convictions Breathalyzer Refusal Suspension
No Prior DUI Convictions 180 Days
1 Prior DUI Conviction 3 Years
2 Prior DUI Convictions 5 Years
3 Prior DUI Convictions Lifetime

Aside from the possibility of jail, the license suspension can be the most traumatic and stressful part of a Massachusetts drunk driving case. Melanie’s law imposes a lifetime lookback period, so offenses committed a long time ago now count when it comes to calculating the length of a breathalyzer refusal or DUI license suspension. If you have questions regarding Weston license suspensions, call me at 508-656-0057 or e-mail me ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) for a free consultation and review if your license suspension situation. I have helped countless DUI clients get their licenses back.

If you are unfortunate enough to have been arrested for driving on a suspended license, the lawyers featured here can likely get you a not guilty verdict or dismissal. There are a number of defenses available and our lawyers may be able to use a recent decision from the highest court in Massachusetts to obain a verdict in your favor. Call today.