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MA Charged with OUI while license is suspended for OUI law

Contact Attorney Jason Chan

Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235


Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986

You are arrested for OUI for the first time in your life.  Now, the police officers ask you if you want to take a breathalyzer.  If you refuse to take the breathalyzer, your license will be suspended for 180 days.  If you decide to take a breathalyzer and fail the test, your license is suspended for 30 days.  If you plead guilty to a first offense OUI, your license will be suspended for at least 45 days. (photo taken by sahxic

beersWhether an OUI defendant’s license is suspended for refusing to take a breathalyzer, for failing the breathalyzer or because the OUI defendant pleads to a OUI, it is extremely important that the OUI defendant does not drive.  If the OUI defendant drives while his license is suspended for refusing a breathalyzer, failing a breathalyzer or pleading to an OUI the OUI defendant could be charged with license suspended for a OUI.  It is a huge problem if the OUI defendant is charged with license suspended for an OUI. 

If the OUI defendant is charged with license suspended for an OUI, there is a minimum mandatory jail sentence of 60 days.  Therefore, if the OUI defendant is convicted of license suspended for an OUI, the OUI defendant will be sent to jail for a minimum of 60 days.  Unlike other types of criminal charges, it is not uncommon that OUI defendant doesn’t have a criminal history at all.  Those OUI defendants who are first time offenders of the law then decide to drive on a suspended license face a tough reality.  Even though the OUI defendants haven’t been in trouble in the past, if the OUI defendants are convicted of driving while your license is suspended for an OUI, the law requires that the judge send the OUI defendants to jail for a minimum of 60 days. 

If you ever have your license suspended for an OUI, it is extremely important to remember not to drive until your license is fully reinstated.  Most OUI defendants don’t realize that if they drive while their license is suspended for an OUI they will have to go to jail.  The police and judge certainly don’t take the time to warn OUI defendants that they can end up going to jail for driving while their license is suspended for an OUI. 

A lot of OUI defendants need to work or drive their children to school.  With public transportation only being available in the cities, it is impossible for the majority of OUI defendants to travel without driving.  However, the potential penalties for driving while an OUI defendant’s license is suspended for an OUI are very harsh.  It simply isn’t worth the risk for any OUI defendant to drive while their license is suspended for an OUI.  The results of being convicted of driving while your license is suspended for an OUI can and is usually more severe than being charged with a first offense OUI.  If you want to avoid jail, don’t drive while your license is suspended for an OUI.  


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