DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Massachusetts

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing-request deadline in Massachusetts: Under § 24(1)(g), a refusal suspension carries a right to an RMV hearing within 15 days of suspension. A suspension based on breath-test results under § 24(1)(f)(2) has a separate 10-day window to request a court hearing.

Mass. Gen. Laws ch. 90, § 24 (opens in a new tab)The notice identifies your proceeding. Conditions below.

The window

Deadline to request a hearing
Under § 24(1)(g), a refusal suspension carries a right to an RMV hearing within 15 days of suspension. A suspension based on breath-test results under § 24(1)(f)(2) has a separate 10-day window to request a court hearing.
  • These are the procedures under § 24(1)(f)–(g), not a universal deadline for every Massachusetts suspension. A court-ordered suspension under § 24N is a separate proceeding; the legal basis identified in the suspension notice matters.
  • The 15-day provision describes the refusal-hearing window; it is not a promise that submitting a request on the final day secures a later hearing. The 10-day court procedure is a limited challenge based on a qualifying comparison blood test, not a general rehearing of the OUI charge.
Verified Mass. Gen. Laws ch. 90, § 24Official source (opens in a new tab)
Hearing procedure under the cited rule
For a refusal suspension under § 24(1)(f)(1), the hearing is before the registrar. For a breath-test suspension under § 24(1)(f)(2), the statutory hearing is before the court handling the underlying charges.
  • These are the procedures under § 24(1)(f)–(g), not a universal deadline for every Massachusetts suspension. A court-ordered suspension under § 24N is a separate proceeding; the legal basis identified in the suspension notice matters.
  • The refusal hearing addresses reasonable grounds to believe the person operated under the influence, arrest, and refusal. The separate breath-test hearing concerns a qualifying comparison blood test taken within a reasonable time after the breath test.
  • For the breath-test procedure, § 24(1)(g) separately identifies the district court where the arrest occurred when the person is under 21 and no charges are pending. Neither procedure determines the outcome of the criminal case.
Verified Mass. Gen. Laws ch. 90, § 24Official source (opens in a new tab)
Suspension under the cited rule
For the chemical-test-result suspension under § 24(1)(f)(2): until disposition of the underlying offense, but no more than 30 days under that provision.
  • The suspension begins immediately upon receipt of the police officer’s notice of intent to suspend. This is not the refusal-suspension period or the suspension following an OUI conviction.
  • Separate provisions can impose additional consequences, including rules for drivers under 21. The 30-day limit here is not a guarantee that all driving privileges return after 30 days.
Verified Mass. Gen. Laws ch. 90, § 24Official source (opens in a new tab)
Suspension length after a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Massachusetts offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Under § 24(1)(g), a refusal suspension carries a right to an RMV hearing within 15 days of suspension. A suspension based on breath-test results under § 24(1)(f)(2) has a separate 10-day window to request a court hearing.
  • These are the procedures under § 24(1)(f)–(g), not a universal deadline for every Massachusetts suspension. A court-ordered suspension under § 24N is a separate proceeding; the legal basis identified in the suspension notice matters.
  • The 15-day provision describes the refusal-hearing window; it is not a promise that submitting a request on the final day secures a later hearing. The 10-day court procedure is a limited challenge based on a qualifying comparison blood test, not a general rehearing of the OUI charge.
Verified Mass. Gen. Laws ch. 90, § 24Official source (opens in a new tab)
Suspension under the cited rule
For the chemical-test-result suspension under § 24(1)(f)(2): until disposition of the underlying offense, but no more than 30 days under that provision.
  • The suspension begins immediately upon receipt of the police officer’s notice of intent to suspend. This is not the refusal-suspension period or the suspension following an OUI conviction.
  • Separate provisions can impose additional consequences, including rules for drivers under 21. The 30-day limit here is not a guarantee that all driving privileges return after 30 days.
Verified Mass. Gen. Laws ch. 90, § 24Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Base OUI penalty: $500–$5,000 fine, up to 2½ years imprisonment, or both.
  • This is the base penalty under § 24(1)(a)(1), not a prediction of sentence. Statutory alternative dispositions, assessments and license consequences are separate.
Verified Mass. Gen. Laws ch. 90, § 24Official source (opens in a new tab)