Massachusetts RMV License Suspensions: How to Get Back on the Road

A license suspension can feel like a second punishment stacked on top of a criminal charge. For most people in Massachusetts, losing the ability to drive means losing the ability to get to work, bring children to school, and keep life moving. Attorney Michael DelSignore understands that getting a client back on the road is often just as urgent as winning the case in court, and DelSignore Law fights on both fronts.

In Massachusetts, a driver’s license is treated as a privilege, not a right. That distinction matters. The Registry of Motor Vehicles can suspend a license based on far less evidence than a court needs to convict someone of a crime, which requires proof beyond a reasonable doubt.

Because the RMV runs its own administrative process, a strong result in court does not always end the license problem. Many DelSignore Law clients avoid an OUI conviction entirely, yet the RMV may still require proof of alcohol or drug treatment before it will reinstate a license or grant a hardship license. Planning for both the courtroom and the Registry from day one gives a driver the best chance of getting back on the road as quickly as possible.

The path to reinstatement depends on why the license was taken. Some of the most common reasons include:

• Refusing a breath test after an OUI arrest. A first refusal carries a 180-day suspension, and the suspension increases to three years, five years, or life for drivers with prior OUI offenses. Learn more about breath test refusal suspensions.
• Failing a breath test. A reading of .08 or higher triggers an immediate 30-day suspension.
• An OUI conviction or first-offender disposition. The length of the suspension depends on the number of prior offenses. See Massachusetts OUI penalties.
• An Immediate Threat suspension. The RMV can suspend a license when it decides a driver poses a danger to public safety. Learn how to respond to an Immediate Threat license suspension.
• Habitual Traffic Offender status. Three major violations or twelve minor moving violations within five years can lead to a four-year license revocation.
• Speeding tickets and surchargeable events. For example, three speeding violations within twelve months can result in a 30-day suspension, and seven surchargeable events within three years can result in a 60-day suspension.
• Negligent operation and reckless driving. A finding of negligent operation or reckless driving can lead to its own suspension.
• An OUI from another state. Out-of-state convictions are reported to Massachusetts and can affect a Massachusetts license. See OUI charges involving an out-of-state license.

The key to getting a license back is addressing the reason it was taken. The RMV is looking for evidence that the underlying problem has been dealt with and that the driver is safe to return to the road. Walking into a hearing without that evidence is one of the most common and costly mistakes drivers make. DelSignore Law helps clients gather the right documentation before a hearing so that it answers the questions a hearings officer is likely to ask.

• Obtain a substance abuse evaluation from a licensed clinician that addresses the risk of reoffending (known as recidivism).
• Attend AA meetings and keep written proof of attendance.
• Follow any treatment recommendations in the evaluation and keep records showing completion.

• Obtain a substance abuse evaluation.
• Attend NA or a similar support group and keep proof of attendance.
• Provide negative drug screens covering at least three months.
• If possible, obtain a hair follicle drug test, which covers a longer window of time than a urine screen.

• Complete counseling that addresses what the RMV will view as the cause of the aggressive driving.
• Complete the RMV-approved driver retraining courses listed on the RMV website.

Most license challenges begin with a hearing at the RMV. If the RMV denies relief, the driver can appeal to the Board of Appeal on Motor Vehicle Liability Policies and Bonds, which is part of the Massachusetts Division of Insurance. An appeal must be filed within 30 days of the Registrar’s decision, and filing the appeal does not pause the suspension while it is pending. The Board conducts its hearings virtually.

Breath test refusal suspensions follow a different path. The Board of Appeal does not hear refusal cases; instead, a refusal suspension can be challenged in the District Court. In many cases, a not guilty verdict at trial also ends a refusal suspension, which is one more reason the criminal case and the license strategy need to work together.

Even during a suspension, many drivers qualify for a hardship license that allows driving during a set 12-hour window each day for work, school, or medical needs. Eligibility depends on the type of suspension and the driver’s record. See the firm’s Board of Appeals case results for examples of drivers DelSignore Law has helped get back behind the wheel.

Attorney Michael DelSignore has built his practice around defending people facing OUI and criminal charges and protecting the license that so much of their lives depends on. He is the author of Understanding Massachusetts OUI Laws, a guide for drivers navigating the court and RMV process, and DelSignore Law has earned more than 200 client reviews from people across Massachusetts.

Clients choose DelSignore Law because the firm handles the criminal case and the license strategy together. Attorney DelSignore looks at how every decision in court will affect the client’s ability to drive, prepares clients for RMV and Board of Appeal hearings, and stays with each client until they are back on the road. With offices in Attleboro, Westborough, Dedham, Marlborough, Stoughton, and New Bedford, help is close by across the Commonwealth.

A suspended license does not have to put life on hold. Attorney Michael DelSignore has helped drivers across Massachusetts navigate the RMV and reinstate their licenses, and he can give clear advice on the best path forward. Call or text DelSignore Law at 781-686-5924, 24 hours a day, 7 days a week, for a free consultation.

Lost your license? Get back on the road. Call or text Attorney Michael DelSignore now at (781) 686-5924 for a free consultation, available 24/7, or request a free consultation online.