Breath Test Failures & Refusals

BREATH TEST FAILURES AND REFUSALS

If you are found not guilty or the case is dismissed, there is a presumption that your license will be reinstated for the rest of the refusal suspension period.

LICENSE SUSPENSION PERIODS FOR A CHEMIICAL TEST REFUSAL:
DRIVERS OVER AGE 21:
No Prior OUI Convictions: 180 days
1 Prior OUI Conviction: 1 Year
2 or More Prior Convictions: 18 Months

DRIVERS AGE 18 TO 21:

No prior convictions: 1 year plus 180 Days
1 prior conviction: 1 year plus 180 Days
2 or more prior convictions: 18 months plus 180 days
The 180 day suspension is waivable, provided it is a first OUI case, upon entry into a DPH approved alcohol education program.

DRIVERS UNDER AGE 18
No prior convictions: 1 year plus 1 year
1 prior conviction: 1 year plus 1 year
2 or more prior convictions: 18 months plus 1 year
The one year suspension may be reduced to 180 days for a first offense upon entry into an approved alcohol education program.

LICENSE SUSPENSION PERIODS FOR A CHEMIICAL TEST FAILURE (a driver is deemed to have failed a chemical test if the driver’s blood alcohol content is .08 or higher):
DRIVERS OVER AGE 21
The license suspension period is 30 days or until the conclusion of the court case, whichever is shorter.

DRIVERS AGE 18 TO 21
The license suspension period is 30 days plus an additional 180 days.
The 180 day suspension is waivable, provided it is a first OUI case, upon entry into an approved alcohol education program.

DRIVERS UNDER AGE 18
The license suspension period is 30 days plus an additional 1 year.
The one year suspension may be reduced to 180 days for a first offense OUI upon entry into an approved alcohol education program.

YOUTH ALCOHOL PROGRAM SUSPENSION
OPERATORS UNDER AGE 18

Applies To: Any person under age 18. Does NOT require the offender to hold a JOL.
Provisions: An additional suspension that applies to any driver under age 18 who REFUSES or FAILS (.02 or above) a breath test.
Penalties: 1 year suspension, in addition to the initial refusal or failure suspension. Entry in a Youth Alcohol Program will reduce the YAP suspension to 180 days.

OPERATORS AGES 18 TO 21
Applies to: Any person ages 18 to 21. Does NOT require the offender to hold a JOL.
Provisions: An additional suspension that applies to any driver ages 18 to 21 who REFUSES or FAILS (.02 or above) a breath test. The penalty is a 180 day suspension, in addition to the initial refusal or failure suspension. Entry in a Youth Alcohol Program will waive the YAP suspension.
Applies To: Any person under age 18. No JOL required.

ADDITIONAL PROVISIONS FOR OUI CONVICTIONS

Provisions: Any person convicted of a charge (under M.G.L. c. 90, §24, §24G, §24I or §24L) that has NOT received a Youth Alcohol Program suspension from the same incident will have license suspended for 180 days for a first offense and 1 year for a second offense.