BREATH TEST FAILURES AND REFUSALS
Note: Operators under age 21 face additional penalties to the following under c.90,§24P (see elsewhere in these materials)
CHEMICAL TEST FAILURES:
A breath test of .08 for operators over age 21, or .02 for operators under age 21 incurs a 90 day suspension. Note: This suspension terminates at 90 days or with the disposition of the case, whichever is earlier.
CHEMICAL TEST REFUSALS:
Suspensions for Chemical Test Refusals increase when the operator has had previous OUI convictions within 10 years prior to the new arrest. Contrary to the popular opinion, the enhanced suspensions are not based on previous refusals. 120 days: Operator over age 21 who refuses and has no prior OUI convictions in 10 years
180 days: Operator over age 21 who refuses and has one prior OUI conviction in 10 years, or operator under age 21 with no or one prior OUI conviction in 10 years.
1 Year: Operator who refuses and has two prior OUI convictions in 10 years.
ADDITIONAL LICENSE LOSSES
The Registry of Motor Vehicles keeps records of all motor vehicle offenses that a person accumulates. If an individual accumulates 3 major offenses (generally any criminal moving violation) in a 5 year period that person incurs a 4 year suspension.
If a person pleads guilty to any OUI offense, the guilty plea in conjunction with that persons past driving history may trigger an additional 4 year license loss.
Many times an individual is charged with Operating to Endanger along with OUI. If that person pleads to both charges thinking the license loss will relate to the current charges only they may be surprised by an additional 4 year suspension.
The chances of the 4 year suspension increases when the current charge is a multiple offense.
Anyone who considers pleading guilty to any OUI or other criminal offense should investigate to determine if there are any enhanced driving penalties based upon their past driving history.