When you’re arrested for OUI in Massachusetts, you’re facing two separate legal battles: the criminal case in court and the administrative license suspension through the Registry of Motor Vehicles. Many people focus solely on the criminal charges and completely miss the administrative deadline—a costly mistake.
Understanding the Two-Track System
Here’s what catches people off guard: your license suspension happens automatically, separate from any criminal conviction. If you refused the breath test, the Registry of Motor Vehicles will suspend your license based solely on that refusal. You don’t need to be convicted—or even guilty—to lose your driving privileges.
This administrative suspension kicks in immediately, and you have exactly 15 days from the date the police confiscated your license to request a hearing. Not 16 days. Not “about two weeks.” Exactly 15 days.
What the Hearing Requires
At this hearing, you need to prove one of three specific defenses: first, that it wasn’t reasonable for the officer to suspect you were intoxicated; second, that you were never actually placed under arrest; or third, that you did consent to take the breath test.
These are high bars to clear. The standard of proof is lower than in criminal court, and officers are trained to document their reasonable suspicion thoroughly. However, winning this hearing lifts your suspension immediately, and your license becomes valid again.
The Refusal Suspension Reality
If you refused the breath test, you’re looking at a minimum 180-day suspension for a first offense. The duration increases dramatically with prior offenses—three years for a second offense, five years for a third. Remember, Massachusetts counts every OUI in your history, no matter how long ago or what state it occurred in.
Here’s a silver lining many people don’t know about: first-time offenders who accept a plea deal and enroll in an alcohol education program become eligible for a hardship license. This isn’t a full license, but it allows 12 hours of driving per day, seven days a week, for any purpose.
The Consequences of Missing the Deadline
Miss that 15-day window, and you lose your chance at the hearing entirely. Your suspension becomes automatic with no opportunity to challenge it. Even if you have a valid defense—maybe the officer’s report contains errors, or the arrest procedure was flawed—you’ve lost your chance to present it.
This is where many people’s lack of immediate action costs them dearly. They’re dealing with the shock and stress of the arrest, trying to figure out their next steps, and that deadline slips past. By the time they consult an attorney, it’s too late for the administrative hearing.
Suspension Math Gets Complicated
Here’s another critical detail: if you’re later convicted of OUI or accept a plea deal, you’ll face an additional license suspension. These suspensions run consecutively, not concurrently. For a first offense, that means your 180-day refusal suspension plus a 45-90 day conviction suspension, totaling 225-270 days minimum.
The 15-day deadline isn’t just bureaucratic red tape. It’s your one opportunity to challenge the administrative suspension before it becomes automatic. Don’t let this critical window close while you’re still trying to process what happened. Act immediately, even if you’re not sure what you want to do about the criminal charges yet.
Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.
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