Operating Under the Influence with a Suspended License for OUI
Massachusetts OUI Lawyer
Boston Suspended License Attorney
In Massachusetts, if you are convicted of operating under the influence while your license is already suspended for a prior operating under the influence charge, you are facing a mandatory minimum of 1 year in jail and $2,500 fine, up to 2 1/2 years in jail and $10,000 fine. Any jail sentence imposed must be served on and after (in addition to) any sentence imposed under another statute. Also, a conviction under this statute mandates a 1 year license loss in addition to the penalties/ license loss imposed under any other statute.
In order to be convicted under this statute, the Commonwealth must first prove beyond a reasonable doubt that you were operating under the influence of alcohol. Then, they must prove beyond a reasonable doubt that you were operating with a suspended license, and that the reason for the suspension was due to a prior OUI conviction or CWOF from the court. However, this is one of the most improperly charged offenses. If your license was suspended due to a breath test refusal, or if the court-ordered license loss period had not yet commenced but your license was really suspended for another issue, then you cannot be found guilty under this statute. It is important to speak with a skilled criminal defense attorney as soon as possible to explore any potential defenses to this charge.
If you have been charged with OUI while OAS for OUI, contact our office immediately: