When you are arrested for an OUI in Massachusetts your license can be suspended in two different ways. They are independent of each other, and must be attended to separately:
Administrative. This happens if you fail a breath test, or refuse to take one. Your license is confiscated immediately, and will either be suspended or revoked, depending on your record of prior offenses. You will be given a temporary driving permit which will allow you to drive for 15 days to get your affairs in order.
Judicial. This occurs when you are sentenced by a court after a trial or plea agreement. Even if you are not convicted of OUI in court, it’s possible to still undergo an administrative suspension. If you want to challenge the administrative suspension, you must do so within 15 days of your arrest. If you do not, or if your challenge is unsuccessful, your license will be suspended for 30 days starting 16 days after your arrest.
Massachusetts has a lifetime lookback period, meaning that prosecutors can use any DUI conviction in your past, regardless of how many years ago it happened, to escalate your penalties. All multiple OUI offenders must have ignition interlocks installed. If you need to drive for work, you can apply for a hardship license. If you are eligible for a hardship license, you must use the IID for the period of the hardship license, and then 2 years after that. If you are eligible for license reinstatement, you must use the IID for 2 years after your license is reinstated. A court may also order the IID to be installed for any reason, and can prescribe the length of time it must be used.
Visit an RMV Hearings Officer for a hearing. The Officer will explain what you need to do to get a hardship license or full reinstatement and give you the necessary forms. These forms must be notarized. Requirements can include an alcohol treatment program. For hardship, you will need a letter from your employer or proof of self-employment.
Return to the RMV Hearings Officer and submit the notarized affidavit(s) for approval of license reinstatement with an IID restriction.
Call LifeSafer Ignition Interlock at 800-634-3077 to schedule your ignition interlock installation. Ask about discounts and special offers.
Once the IID has been installed, bring the completed proof of installation to a Hearings Officer. A “Z” restriction will be added to your license, meaning you can only drive if an ignition interlock has been installed. You must pay the reinstatement fee and pass a learner’s permit exam, if applicable.