Massachusetts has stiff penalties for those convicted of operating under the influence of alcohol. Beyond the potential for incarceration and probation, the loss of license can be extreme. For instance, if you refuse the breathalyzer test at the police station there is an immediate 180 license loss if this is a first offense. This license loss is in addition to the 45-90 license loss for first time offenders if there is a plea or a guilty finding after trial.
Additionally, if you are charged with a second offense for operating under the influence of alcohol and there is an infrared breathalyzer test refusal, the refusal suspension is for 3 years in addition to the 2 year suspension if there is a guilty finding on the second offense.
Furthermore, if you are charged with a third offense for operating under the influence of alcohol, and you refuse the breathalyzer test, there is a 5 year suspension period for the refusal with an accompanying 8 year suspension if there is a conviction for the third offense.
If you are charged with a fourth offense operating under the influence and you refuse the breathalyzer test, the license suspension is for life if the Commonwealth is able to attain a conviction for the fourth offense.
As a result, if you are charged with OUI, it is important to find an OUI lawyer who will fight for you at trial. Admitting or pleading guilty will often trigger significant license consequences.