CBS Boston

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: 

(617) 830-2188 
Client Reviews
"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely impressed and satisfied. I left my hearing feeling confident that I had made the right choice of hiring him. I am positive I would have lost this case and walked away with an OUI if I hadn't. I am very happy with how he handled my case and how reassured I felt having him as my lawyer." MC
"When I found myself charged with my 3rd DUI I was certain without a doubt that I was facing 6 months to 2 1/2 years in state prison. I can’t believe you were able to guide me calmly through the whole nerve wracking process, never sugar coating anything, staying honest and always keeping me informed the whole time. I still can’t believe that in the end you pulled off a miracle to avoidany jail time. I would recommend you to anyone in the same situation. Thank you so much. You saved me.” JL
"I want to personally thank Ben and his wonderful a staff at Urbelis Law for what an outstanding job they did for my son and his friends! Ben went above and beyond for them, with a successful outcome. I would highly recommend Ben to anyone that would need his services, he was wonderful!" Gina
"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he did!! Cant thank you enough man! If anyone needs a lawyer, hes your guy... no question" PB
"Thank you for your excellent representation in this matter. Coming from out of town, it wasreassuringto have an attorney who was so well organized and on top of the process. It was very clear that the judge was not only familiar with you, but had a great deal of respect for you in the courtroom. I appreciate all the effort you put into my case, and thank you again for a successful representation!" RC