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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.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire