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When can I get back on the Road being Charged with OUI?

Learn when you can get back on the road after an OUI arrest

After being charged with a first offense OUI in Massachusetts, many start to wonder when they can get their license back and what the process of doing so is. At DelSignore Law, we handle OUI cases every day in court, and understand the difficulties associated with not having a license. You have court dates you must attend, work to get to everyday, and your family relies on you. How soon you can get your license back will depend heavily on your individual case, and you should consider contacting us today to learn more.


After being arrested and charged with OUI, the police will bring you back to their police station for the booking process. The booking process is a standard process, an intake rather, where the police collect information about you in order to process you through the system. However, part of the booking process, after being charged with an OUI, is the breathalyzer test which the police will ask for you to consent to.

If you did take the breath test which yielded a .08 or greater, your license will be suspended for 30 days. You will have to wait out the 30 days before you can get your license back. In Massachusetts, a breath test over .08 is considered a failed test. Once the 30 days passes, you can get your full license back by going to the RMV and paying a $500.00 reinstatement fee.

Many times, your driver’s license will not be suspended during the pendency of the case! This is a common misconception after being charged with OUI.


On the other hand, if you refused the breath test at the station, your license will be suspended for 6 months. However, with refusal cases, there is a way to attempt to get your license back sooner than the 6 month. We can appeal your license suspension to the Registry of Motor Vehicles in Boston. There are some limitations to the appeal; you must appear at the RMV within 15 days of your arrest in order to appeal the suspension. The 15-day period includes holidays and weekends, so you need to make every effort possible to head there immediately.

If we are successful at the hearing, you can expect to have your license restored in about 3 months. However, these hearings can be difficult to win for a number of reasons, but at DelSignore Law we have won many of them.

Another strategy to get your license back without having to wait six months is to get your case to trial before then. If we are able to win your trial and you are found not guilty, your license will be restored. This will largely depend on the court your case is being heard in, as some courts are backed up and getting a case to trial within 6 months will not be feasible. Regardless, your license will be restored after 6 months.


The short answer is yes, but there is a catch as you will have to resolve the case. You will receive what is called a 24D resolution, which is the most common resolution for OUI first offense charges. When you accept the 24D disposition, you will then be eligible for a hardship license.

Attorney DelSignore explains the options for getting your license back after being charged with OUI


We handle cases similar to yours everyday across Massachusetts. We know that being charged with a crime is stressful, and that the license consequences only add to that stress. In an effort to ease some of the burden, DelSignore Law has established offices across Massachusetts to better serve our clients. We would be happy to meet with you in a convenient office location today!

You can read more about a first offense OUI charge and whether or not it is a felony or misdemeanor charge in Massachusetts on our website today!

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