Operating Under the Influence After Revocation For OUI: Here Is What You Should Know

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An OUI conviction can result in a license suspension of up to one year on a first offense, and increases for any subsequent offense conviction. Drivers can get in serious trouble if they try to drive during this period of license loss. This offense is referred to driving on a suspended license while revoked for OUI, G.L. c. 90, § 23, ¶ 2.  A conviction for this offense imposes a mandatory minimum jail sentence of 60 days, with a maximum penalty of up to two and half years. 

Fortunately, in many cases, an experienced attorney can mitigate these penalties. 

Note that this offense is for driving during a suspension for an OUI conviction, and not a suspension relative to a breathalyzer refusal, or illegal breath test result. 

The Elements of the Offense

There are two things that the prosecutor must prove to win a conviction:

  •     The driver’s license was previously suspended for OUI and not some other kind of administrative penalty, such as a failure to pay traffic tickets. Even a revocation for refusal to take a Breathalyzer test does not count as suspension for OUI.
  •     The defendant committed the crime of OUI during the suspension period.

The elements of this offense are very specific, and the state often improperly charges people when their license was initially suspended for other reasons. Given the potential penalties, you need a lawyer on your case.

Call Us Today to Speak with a New Bedford OUI Defense Lawyer

If you have been charged with an OUI offense in Massachusetts, you need an attorney. Call McCormack Law, P.C. immediately after your arrest to get a lawyer on your case. You can contact us online or call us at (508) 252-8542.

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