Never drive on a suspended license while on probation for an OUI offense. You can nearly always get a hardship license after a first offense OUI charge, so why risk it? Driving on a suspended license is a criminal offense in all cases, and the penalties are particularly harsh for a license suspension after a DUI.
What is the penalty for driving on a suspended license in Massachusetts?
It depends on the reason your license was initially suspended.
If the reason for your suspension was a drunk driving conviction, you could face a mandatory minimum 60 days in jail as a sentence.
For any driving on a suspended license charge, the penalties are:
- a $500 fine and up to 10 days in jail
- For a second offense, the penalty goes up to a maximum of 60 days to 1 year in jail.
If the registry suspends your license for refusal to take the breath, it is possible to appeal your license loss at the registry, and also appeal the registry decision to the local district court. There are some technical issues to do with procedures that will occasionally result in license reinstatement, although license reinstatement appeals can be difficult.
The Massachusetts Registry of Motor Vehicles will not issue a hardship license, (also known as a limited license, work license, day license or Cinderella license) for refusing to take a breath test. They will only issue them for an OUI conviction, a drug conviction, or for Habitual Traffic Offender suspensions.
The Mass RMV (Registry of Motor Vehicles) mandates a minimum suspension period before a hardship application can be made which varies depending on the reason for suspension.
The registry hearing officers have a checklist of 9 different conditions that have to be met in order to grant a hardship license for OUI or drug offenses, and 6 different factors for a Habitual traffic offender. Your chances of promptly receiving a hardship license are much better if an experienced attorney such as myself represents you. Call me at (781) 380-7730 for details on how to get your hardship license.
I’m at the registry every week helping people keep their freedom to drive and earn a living. If you’re facing a license suspension in Massachusetts, I may be able to help if there is any possible legal grounds to do so. Call for a free consultation.