Frequently Asked Questions About License Suspension and OUI

When faced with license suspension, OUI, or other traffic-related charges, many people search online for answers. Attorney Matthew Gilman understands this, and drawing from his extensive legal background and experience working for the Massachusetts Registry of Motor Vehicles, has compiled answers to the questions he hears most often from his clients.


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  • What are and how to calculator reinstatement fees at the Massachusetts Registry of Motor Vehicles

    Individuals in Massachusetts who loose their license due to a license suspension will be required to pay a reinstatement fee prior to their driving privileges being reinstated. Calculating license suspension reinstatement fees used to a be a simple task, however with the new RMV ATLAS System, individuals may need a graphic calculator to figure out the final reinstatement fee.

    Up until the rollout of the ATLAS System, individuals with license suspensions would generally pay a single fee based on the most expensive offense for which they are suspended. Under the old system even if you had multiple suspensions on your record, a Hearing Officer would clear off and set a single fee on the most expensive of all the suspension. Those were the easy days.

    Today, the reinstatement fee will be the cumulative value for each and every offense that your license or right to operate was suspended for. For example if your license was suspended for a first offense OUI,  refusing the Breathalyzer Test and failing to pay a ticket you will pay the fee for all three offenses. 

    Below is a list of the individual license suspension reinstatement fees:

    1st Offense OUI $500
    2nd Offense OUI $700
    3rd Offense OUI $1,200
    4th Offense OUI $1,200
    7 Surchargeable Events $100
    3 Surchargeable Events $100
    Admin. Per Se. (Breathalyzer Test Failure) $500
    Breathalyzer Test Refusal $500
    Immediate Threat Suspension (not applicable to medical suspensions) $500
    Habitual Traffic Offender $500
    License Fraud $500
    Operating After Suspension $500
    Citation Payment Default $100
    Theft / Concealment MV $500
    Uninsured Motor Vehicle $500

    If you are facing or have a current license suspension and want to get your license reinstated -  contact Attorney Gilman today.

  • What are surchargeable offenses in Massachusetts

    Massachusetts Surchargeable Infractions

    Frequently, client's contact Gilman Law to find out whether the citation/ticket they were just given by a police officer will count as a surcharge. How much will this one citation or offense cause my insurance to go up. Surcharges in Massachusetts are applied to your insurance premium if you pay the citation or are found responsible. Once you have paid a citation you loose any right to fight the ticket and avoid the insurance premium increase. The increase will be applied for up to six years.

    In Massachusetts the insurance point system follows the Safe Driver Insurance Plan (SDIP). The SDIP is the system that will reward good drivers with lower insurance premium and increase the premiums of bad drivers. The SDIP permits for insurance companies to offer discounts to drivers who go five and six years without a surcharge. The SDIP allows insurance companies to remove any discounts for drivers that do get surcharges and to apply an increase or surcharge of in your premium.

    In addition to motor vehicle infractions, an accident which you are deemed "at-fault" can lead to an insurance premium increase. Below is a list of infractions that will count as a surcharge on your insurance. If you are handed a citation, do not pay it! Contact an Attorney who specializes in license suspension and motor vehicle law to assist you. A single phone call can lead to thousands of dollars in savings.

    Complete list of Massachusetts Surchargeables

    • Accident, hit and run M.G.L. c. 90, § 24
    • Alleys and driveways, emerging from, must stop 720 CMR 9.06(20)
    • Allowing vehicle to stand unattended, motor running M.G.L. c. 90, § 13
    • Anything on or in vehicle or on person interferes with operation M.G.L. c. 90, § 13
    • Attempting a speed record M.G.L. c. 90, § 13
    • Backing and u-turns prohibited 730 CMR 7.08(17)(b)
    • Backing up for missed ramp 720 CMR 9.08(3) 730 CMR 7.08(17)(b)
    • Blind pedestrians, must stop for M.G.L. c. 90, § 14A
    • Blow horn when necessary 720 CMR 9.06(15)
    • Brakes, inadequate 730 CMR 7.05(5)(g)
    • Brakes, operating without M.G.L. c. 90, § 7
    • Bridges, speed law M.G.L. c. 85, § 20
    • Careless operation – construction zone 730 CMR 7.08(12)(c)
    • Careless or negligent operation 730 CMR 7.08(5)(a)
    • Channelizing island, no driving on 720 CMR 9.06(22)
    • Coasting 730 CMR 7.08(16)
    • Crossing solid pavement markings 730 CMR 7.08(8)
    • Crosswalk, motor vehicle not to enter if his car will block it M.G.L. c. 89, § 11
    • Crosswalk, operator yield to pedestrian M.G.L. c. 89, § 11
    • Cutting in after passing 720 CMR 9.06(3)
    • Deploying unauthorized sign 730 CMR 7.08(1)(a)
    • Directional signals, devices required M.G.L. c. 90, § 7
    • Directional signals, hand or mechanical required for lane change M.G.L. c. 90, § 14B
    • Drag racing, speeding M.G.L. c. 90, § 17B
    • Driving in “breakdown lane” M.G.L. c. 89, § 4B
    • Driving within 8 feet of street car stopped for passengers M.G.L. c. 90, § 14
    • Emergency vehicles, right of way M.G.L. c. 89, § 7
    • Entry into excluded area – construction zone 730 CMR 7.08(12)(b)
    • Entry into restricted area – general 730 CMR 7.08(11)(a)
    • Entry into restricted area – left lane restrictions 730 CMR 7.08(11)(b)
    • Exhibit another license M.G.L. c. 90, § 23
    • Failure to ascertain if it is safe to change lanes M.G.L. c. 89, § 4A
    • Failure to comply with orders 730 CMR 7.08(1)(b)
    • Failure to keep to the right when turning right M.G.L. c. 90, § 14
    • Failure to keep to the far left when turning on a one/two way street M.G.L. c. 90, § 14
    • Failure to fasten a trailer to a tow vehicle with proper safety chains M.G.L. c. 90, § 7
    • Failure to give proper stopping or turning signals M.G.L. c. 90, § 14, 350 CMR 4.01(4), 730 CMR 7.08(17)(c)
    • Failure to keep in right lane M.G.L. c. 89, § 4B, 350 CMR 4.01(4), 720 CMR 9.06(16) 730 CMR 7.08(13)(a) 730 CMR 7.08(13)(b)
    • Failure to keep to right when view is obstructed up to 400 feet M.G.L. c. 89, § 4, 720 CMR 9.06(16)
    • Failure to obey sign 730 CMR 7.08(1)(a)
    • Failure to obey traffic control signal 730 CMR 7.08(2)
    • Failure to see that movement can be made in safetybefore starting, stopping, turning or backing up 720 CMR 9.06(9)
    • Failure to stop at sign or signal at intersection M.G.L. c. 89, § 9
    • Failure to stop at toll booth 730 CMR 7.03(2)
    • Failure to use care in stopping or turning – hand signals 730 CMR 7.08(17)(c)
    • Failure to use child restraint M.G.L. c. 90, § 7AA
    • Fire apparatus, driving within 300 feet if going to a fire M.G.L. c. 89, § 7A
    • Fire apparatus, failing to pull to right and stop M.G.L. c. 89, § 7A
    • Fire Department, interfering with M.G.L. c. 89, § 7A
    • Flashing red traffic signal, failure to stop M.G.L. c. 89, § 9 730 CMR 7.08(2)
    • Following too closely 720 CMR 9.06(7) 730 CMR 7.08(15)
    • Hand signals, failure to give M.G.L. c. 90, § 14B 350 CMR 4.01(4)
    • Headlights, dimming from high beam M.G.L. c. 90, § 31 540 CMR 22.00
    • Headlights, one half hour after sunset M.G.L. c. 90, § 7
    • Headlights, improper use of 730 CMR 7.08(22)(a) 730 CMR 7.08(22)(b)
    • Headphones, wearing while operating M.G.L. c. 90, § 13
    • Height, operating vehicle when elevated or lowered M.G.L. c. 90, § 7P
    • Hit and run, person injured M.G.L. c. 90, § 24
    • Hit and run, property damage M.G.L. c. 90, § 24
    • Horn, improper use of 730 CMR 7.08(21)
    • Horn, operating without M.G.L. c. 90, § 7
    • Horn, sound when necessary 720 CMR 9.06(15)
    • Ignition key, remove from unattended vehicle M.G.L. c. 90, § 13
    • Improper entry to a way 730 CMR 7.08(7)
    • Improper passing M.G.L. c. 89, § 1
    • Improper use of cutouts 730 CMR 7.08(20)
    • Inadequate equipment 730 CMR 7.08(27)
    • Inspection sticker, failure to display M.G.L. c. 90, § 20, 730 CMR 7.08(26)
    • Inspection sticker, operating without M.G.L. c. 90, § 7A,M.G.L. c. 90, § 20 730 CMR 7.08(26)
    • Interfering with sign 730 CMR 7.08(1)(a)
    • Intersecting way, slow down when approaching M.G.L. c. 90, § 14
    • Junior operator’s license, operating in violation of M.G.L. c. 90, § 8 211 CMR 25
    • Keeping to the right when overtaking another vehicle 730 CMR 7.08(13)(a) 730 CMR 7.08(13)(b)
    • Lane, marked, no straddling 720 CMR 9.06(1)
    • Learner’s permit, motorcycle, violation of M.G.L. c. 90, § 8B
    • Learner’s permit, operating in violation of M.G.L. c. 90, § 8B
    • License, Class 1-2-3 M.G.L. c. 90, § 8A 540 CMR 2.06
    • License, operating when not properly licensed M.G.L. c. 90, § 10
    • License, violation of restriction M.G.L. c. 90, § 8
    • Lights, operating motor vehicle with improper lights M.G.L. c. 90, § 7 & § 16
    • Liquor, operation of motor vehicle containing alcoholic beverage, minor M.G.L. c. 138, § 34C
    • Making a turn from the wrong lane of traffic M.G.L. c. 90, § 14
    • Making a right turn on a red light where prohibited M.G.L. c. 89, § 8
    • Meeting other vehicles, exercise due care when M.G.L. c. 89, § 1
    • Mirrors and reflectors, operating without proper M.G.L. c. 90, § 7
    • Minimum separation 730 CMR 7.06(5)(f)4,30 CMR 7.06(6)(e)4
    • Motorcycle, operating without proper equipment, lights and headgear M.G.L. c. 90, § 7
    • Motorcycle, no more than 2 abreast M.G.L. c. 89, § 4A
    • Motorcycle, no passenger unless machine so designed M.G.L. c. 90, § 13
    • Motorcycle, single file when passing M.G.L. c. 89, § 4A
    • Negligent loading 730 CMR 7.08(5)(b)
    • Negligently operating M.G.L. c. 90, § 24,730 CMR 7.08(5)(a)
    • No stopping 730 CMR 7.06(5)(f)5, 730 CMR 7.06(6)(e)5
    • Not reasonably to right for vehicle approaching from the opposite direction M.G.L. c. 89, § 1
    • Noise, offensive, unreasonable (squealing tires) M.G.L. c. 90, § 16
    • Not slowing down and keeping right of center on approaching intersection or corner where view is obstructed M.G.L. c. 90, § 14
    • Not yielding to oncoming vehicles when making a left turn M.G.L. c. 90, § 14
    • Obstructing emergency vehicle M.G.L. c. 89, § 7
    • One way street M.G.L. c. 89, § 10 720 CMR 9.05(1) & (2) 730 CMR 7.05(1)
    • One way street, left turn from M.G.L. c. 90, § 14
    • Operating after suspension or revocation of registration M.G.L. c. 90, § 23
    • Operating, at crosswalk yield to pedestrian 720 CMR 9.06(27)
    • Operating, being overtaken, must not increase speed 720 CMR 9.06(5),730 CMR 7.08(14)
    • Operating on a bet or wager M.G.L. c. 90, § 24
    • Operating car not properly registered M.G.L. c. 90, § 9
    • Operating, disobeying sign, signal or marker 350 CMR 4.01(1) & (7),720 CMR 9.06(10), (11), (12), & (17), 720 CMR 9.07(4),730 CMR 7.08(1)(a)
    • Operating, don’t enter intersection or crosswalk unless crossing can be completed 720 CMR 9.06(6)(b)
    • Operating, don’t obstruct movement of traffic 720 CMR 9.06(6)(a)
    • Operating, don’t pass unless safe 720 CMR 9.06(3) & (4) 730 CMR 7.08(14)
    • Operating, funerals and processions 720 CMR 9.06(24) M.G.L. c. 272, § 42
    • Operating in violation of license restrictions M.G.L. c. 90, § 8
    • Operating, men & equipment in highway 720 CMR 9.06(25)
    • Operating at speed greater than reasonable or proper M.G.L. c. 90, § 17
    • Operating, marked lanes staying within 720 CMR 9.06(01)
    • Operating, motorcycle without permanent seat M.G.L. c. 90, § 13
    • Operating motor vehicle without liability policy M.G.L. c. 90, § 34J
    • Operating, no driving on sidewalks 720 CMR 9.06(19), M.G.L. c. 89, § 1
    • Operating, obey traffic signs, signals, markings M.G.L. c. 90, § 18,350 CMR 4.01(1) & (7)720 CMR 9.06(10), (11), (12), & (17), 720 CMR 9.07(4)
    • 730 CMR 7.08(1)(a), 730 CMR 7.08(2)
    • Operating on road surface closed to travel due to construction or repair 720 CMR 9.06(18)
    • Operating, obey yield signs 720 CMR 9.06(14)
    • Operating on ways divided into lanes M.G.L. c. 89, § 4A
    • Operating through peekhole in snow on windshield M.G.L. c. 90, § 13
    • Operating truck or bus, using passing lane where signs prohibit 720 CMR 9.08(5)
    • Operating, turning where signs prohibit 720 CMR 9.06(21)
    • Operating, U turn contrary to sign 720 CMR 9.06(22)
    • Operating unregistered car M.G.L. c. 90, § 9
    • Operating, use right lane 720 CMR 9.06(2)
    • Operating without proper mirrors and reflectors M.G.L. c. 90, § 7
    • Operator not to obstruct passing vehicle M.G.L. c. 89, § 2,730 CMR 7.08(14)
    • Parking lights M.G.L. c. 90, § 7
    • Passing a vehicle stopped for a pedestrian in a crosswalk M.G.L. c. 89, § 1 350 CMR 4.01(8)
    • Passing bicycles, slow down M.G.L. c. 90, § 14
    • Passing, care in passing another vehicle 730 CMR 7.08(14)
    • Passing, commercial vehicles, excess 2 and one half tons (except busses) use right lane pass in adjacent lane M.G.L. c. 89, § 4C
    • Passing, don’t obstruct passer M.G.L. c. 89, § 2
    • Passing horses, use care M.G.L. c. 90, § 14
    • Passing on right, unless vehicle being passed is (A) making a left turn, (B) on one way street (C) on a divided highway M.G.L. c. 89, § 2
    • Passing school bus when flashers are on M.G.L. c. 90, § 14
    • Passing vehicle forbidden if view is obstructed for less than 400 feet M.G.L. c. 89, § 4
    • Pedestrian, failing to exercise due care to avoid colliding with 720 CMR 9.06(28) 350 CMR 4.01(8)
    • Pedestrian, must slow down for M.G.L. c. 90, § 14 350 CMR 4.01(8)
    • Permitting Operation by a person who has no legal right M.G.L. c. 90, § 12
    • Procession, following vehicle ahead as closely as is practical and safe 720 CMR 9.06(24)
    • Racing M.G.L. c. 90, § 24
    • Railroad crossing, failure to slow down M.G.L. c. 90, § 15
    • Railroad crossing, failure to stop while lights are flashing or gate lowered M.G.L. c. 90, § 15
    • Rear lights, must have M.G.L. c. 85, § 15
    • Rear lights, operating without M.G.L. c. 90, § 7
    • Red flag or light, rear of load M.G.L. c. 90, § 7
    • Red flashing signal, stop M.G.L. c. 89, § 9, 730 CMR 7.08(2)
    • Right of way, fire engines, patrol wagons, ambulances M.G.L. c. 89, § 7
    • Right of way, failure to yield to an approaching vehicle 720 CMR 9.06(14)
    • Right of way, pedestrian in a crosswalk M.G.L. c. 89, § 11
    • Safety glass, operating or permitting operation without M.G.L. c. 90, § 9A
    • School bus, driver’s responsibilities M.G.L. c. 90, § 7B
    • School bus, railroad crossing, must stop and open door M.G.L. c. 90, § 15
    • School bus, speed limited M.G.L. c. 90, § 17
    • School zone, speed limit M.G.L. c. 90, § 17
    • Siren law M.G.L. c. 90, § 16
    • Slow down to pass pedestrian M.G.L. c. 90, § 14
    • Slow moving vehicles, keep right on upgrade M.G.L. c. 89, § 4
    • Slow moving vehicles, keep 200 feet apart 720 CMR 9.06(8)
    • Space between vehicles 730 CMR 7.08(15)
    • Speed at railroad crossings M.G.L. c. 90, § 15
    • Speed, bridges M.G.L. c. 85, § 20
    • Speed, certain vehicles to operate 5.m.p.h. below speed posted M.G.L. c. 90, § 17
    • Speed, decrease for special hazards M.G.L. c. 90, § 17
    • Speed, excess speed – construction zone 730 CMR 7.08(12)(a)
    • Speed, failure to regulate when men and equipment are on road M.G.L. c. 90,§ 17
    • Speed, faster than posted M.G.L. c. 90, § 17 M.G.L. c. 90, § 18, 350 CMR 4.01(2) 730 CMR 7.08(6)(c)
    • Speed, greater than reasonable and proper M.G.L. c. 90, § 17, 730 CMR 7.08(6)(a)
    • Speed limit 15 m.p.h. near vehicle peddling merchandise, when flashing lights M.G.L. c. 90, § 17
    • Speed limits, thickly settled district, school zone M.G.L. c. 90, § 17
    • Speed, maximum speed 730 CMR 7.08(6)(c)
    • Speed, minimum speed 730 CMR 7.08(6)(c)
    • Speed, operating at dangerous speed 730 CMR 7.08(6)(b)
    • Speed, reasonable and proper 730 CMR 7.08(6)(a)
    • Speed, special regulations M.G.L. c. 90, § 18
    • Speed, school bus M.G.L. c. 90, § 17
    • Stolen car, operating M.G.L. c. 90, § 24
    • Stop before passing school bus M.G.L. c. 90, § 14
    • Stop sign, failure to completely stop 720 CMR 9.06(13)
    • Stop signs M.G.L. c. 89, § 9
    • Stopping, standing, or parking 730 CMR 7.08(17)(a)
    • Street car, care in passing M.G.L. c. 90, § 14
    • Street car, 8 foot stopping law M.G.L. c. 90, § 14
    • Tailgating 720 CMR 9.06(7)
    • Television in operator’s view M.G.L. c. 90, § 13
    • Throughways, right of way M.G.L. c. 89, § 9
    • Tires too wide M.G.L. c. 90, § 19
    • Traffic, refusing to comply with lawful order of police officer when directing 720 CMR 9.07(3), 350 CMR 4.01(6), 730 CMR 7.08(1)(b)
    • Traffic control lights, failure to obey 720 CMR 9.06(10), 730 CMR 7.08(2)
    • Traffic signals, flashing red is same as stop sign M.G.L. c. 89, § 9
    • Tread depth, tires M.G.L. c. 90, § 7Q, 540 CMR 4.04
    • Turning where signs prohibit 720 CMR 9.06(23)
    • Turning improperly M.G.L. c. 90, § 14
    • Unauthorized entry or exit from a way 730 CMR 7.05(3)
    • Unauthorized or dangerous crossing of median or other area 730 CMR 7.08(10)(a)
    • Unauthorized use of breakdown lane 730 CMR 7.08(9)
    • Unauthorized use of cross-over 730 CMR 7.08(10)(b)
    • Unlawful speed on County Bridge M.G.L. c. 85, § 20
    • Unattended vehicle, stop engine, set brakes, remove key from switch and from vehicle M.G.L. c. 90, § 13
    • U turn where signs prohibit 720 CMR 9.06(26)
    • Vehicles excluded area, operating or permitting one’s vehicle to be operated where posted M.G.L. c. 90, § 16, 350 CMR 4.01(10)
    • Violation of Department of Highways rule or regulation or by-laws relative to signs,lights, signal systems, traffic devices markings M.G.L. c. 85, § 2
    • Violation of left lane exclusion of heavy vehicles M.G.L. c. 89, § 4C
    • Violation of right of way at intersecting ways M.G.L. c. 89, § 8
    • Violation of gubernatorial by-laws on ways of the Commonwealth M.G.L. c. 85, § 23
    • Wrong direction in Sumner, Callahan, or Ted Williams Tunnel 730 CMR 7.05(2)
    • Wrong way travel 730 CMR 7.05(1)
    • “Yield sign,” failure to surrender to oncoming traffic, stop if necessary 720 CMR 9.06(14)

    Avoid a Massachusetts Surcharge

    Appealing your ticket in the only way you can avoid points or surcharges on your license. You only have 20 Days to file your appeal or you lose your right to fight it. If you need more information contact Attorney Gilman, today!


  • Can the Department of Revenue Suspend my License?

    Imagine you are ordered to or agree to pay child support and you get stuck in a difficult situation and fall behind. M.G.L. c. 119A §16B provides the Department of Revenue (DOR) with authority to notify the Registry of Motor Vehicles (RMV) to suspend or prohibit the issuance or renewal of your drivers license. DOR can make an individual's difficult financial situation that much worse with one quick e-mail notice to the RMV. If the DOR notifies the RMV to suspend a drivers license, every aspect of that individuals life will be impacted. Once the license is suspended they cannot drive to the grocery store, drive to pickup their children or even drive to work. A non-payment of child support license suspension can very easily make it impossible for that person to get to work to earn money to pay the support!

    By law before DOR can notify the RMV to suspend a license they must afford a child support payor 30 days to request a hearing. If no hearing is requested, DOR may issue a final determination of delinquency and notify the RMV to suspend the drivers license. A payors right to request a hearing within 30 days of notice is the only right to contest a delinquency determination and try to prevent the license suspension.

    Once RMV receives notice from the DOR it must act and suspend the drivers license. The RMV does not have any discretion and there is no grounds in the law for the RMV to grant any hardship relief. Once the suspension is imposed the only way to have the suspension terminated is to get either a probate and family court order or to reach a settlement agreement with DOR. Once you comply with the terms of the settlement agreement, DOR will notify the RMV and your right to operate will be reinstated.

    Attorney Gilman has successfully represented numerous clients with child support related suspensions. The RMV and the Board of Appeal will not hear such license suspensions. Attorney Gilman works frequently with the Department of Revenue to reach settlement agreements to get clients licenses reinstated. Contact Attorney Gilman today to start working to fight back against the Department of Revenue.

  • I was charged with DUI Outside of Massachusetts but I have a Massachusetts License, what are the possible implications?

    If you're a Massachusetts driver's license holder, and you get arrested for DUI in another state, your driver's license might be at risk. At first, the answer is your license might be at risk and the further your criminal case in the other state progresses the more that risk grows.

    On the date of your arrest you were likely offered to submit to a breath test. If you refused or if you failed the other state will likely issue you a suspension in that state. Your suspension for refusing or failing a breath test does not automatically suspend your right to operate in Massachusetts. Your right to operate in Massachusetts will not initially be for your failure or refusal to take the breath test but will be due to being suspended on the National Driver Registry (NDR). The administrative suspension related to the breath test is not what will suspend your Massachusetts license. It is the NDR suspension. If the Massachusetts Registry learns you are suspended on the NDR your right to operate will be suspended by Massachusetts. At this point so long as you remain suspended on the NDR you will not be eligible to reinstate your right to operate in Massachusetts. 

    Now that brings us along to the criminal charges of a OUI/DUI charge outside of Massachusetts. The Massachusetts Registry will not suspend your license if you are found not guilty or the charges are dismissed. So, if you avoid a conviction for OUI/DUI in another state, you will not be suspended in Massachusetts for DUI/OUI (*Your right to operate can remain suspended for the NDR suspension). However, if you are convicted in another state which Massachusetts law defines as either a Guilty Plea or Finding or any Assignment to a Substance Abuse Treatment Program in any other state, Massachusetts will consider that a DUI/OUI for its own purposes and impose a license suspension.

    The length of any license suspension imposed for an out of state DUI/OUI will be calculated on how many prior DUI/OUI convictions and or Program Assignments the Massachusetts Registry is able to locate. Even if the other state resolved the DUI/OUI as a first offense, if the Massachusetts Registry finds you had prior OUI/DUI convictions or assignments your license will be suspended based on the true number of OUI/DUI's you have had.

    Attorney Gilman has handled countless cases where clients were arrested for DUI/OUI out of state. He has helped clients obtain Hardship Licenses and clearing the Massachusetts suspension. Getting the Massachusetts license cleared and reinstated is complicated. Call a former Registry Hearing Officer today. 

  • Do I Need an Ignition Interlock Device?

    Sometimes, yes! In 2005 Melanies Law went into effect in Massachusetts. The purpose of this new law was to increase the penalities and sanctions for individuals convicted of Operating Under the Influnce. One of the most drastic changes was the requirement that some drivers have an Ignition Interlock Device (IID) installed in any vehicle that they lease, own or operate.

    Under Melanie's Law individuals reinstating their license from an OUI conviction who have one or more prior OUI conviction are required to have an Ignition Interlock Device installed in any car they lease, own or operate. The requirement to maintain the IID is for not less then two years. The IID requirement is in addition to paying any reinstatement fees and testing requirements.

    If you are applying for a Hardship License during an OUI license suspension your IID requirement will be extended. In addition to needing the IID for two years following your full reinstatement also known as when you get a license 24/7, you will need an IID during the entire time you are operating on any restricted or Hardship License.

    If you have no prior OUI convictions or assignments to substance abuse treatment programs there is currently no IID requirement.

  • Is There a DIfference Between DUI, OUI and DWI?

    The offense of driving under the influence of intoxicating liqour can go by many names. In some states there are different criminal offenses depending on the severity and the blood alcohol intent. While some states have the crime of Driving Under the Influence and others have Driving Under the Influence of Intoxicants and others have Driving While Impaired.

    In Massachusetts there is only a sinlge criminal offense and it is referred to Driving Under the Influence of Intoxicating Liquor, shorted to DUI.

  • What Is the Legal Limit For Blood Alcohol Level While Drive

    In Massachusetts it is not illegal to operate a motor vehicle after consuming alcohol. It only becomes a crime when you are operating a motor vehicle and your ability to so is either impaired or your Blood Alcohol Content (BAC) is measured above the legal limit. Your blood alcohol content is measured as a percent of alcohol in the blood by weight. Massachusetts has adopted the National Highway Traffic Safety Administration (NHTSA) recommendation of 0.08 BAC.

    Therefore, if you submit to either a blood test or breathalyzer test and the results are 0.08 or above you would be at or above the legal limit. 

    If you submitted to a blood test or a breath test and the results were above the legal limit that alone does not mean you are guilty. Contact Attorney Gilman today for a free consultation to learn how we can fight these charges.

  • Can I Drive After a DUI Conviction

    If you need to drive to get to work, school or frequete medical appointments, losing your drivers license following a DUI Arrest and conviction is a major hardship. A restricted license or hardship license is possible.

    If you have received your first DUI conivction, the court has no authority in Massachusetts to granted you a restricted or work license. The court will likely suspended your drivers license for anywhere between 45 - 90 days. This is on top of any suspension for Refusing the Breathalyzer. The Registry of Motor Vehicles does have the authority to grant restricted hardship licenses. If this is your first DUI conviction you will only have to wait until you are enrolled in the Driver Alcohol Education Program (DAE). Waiting in some counties can be just a few days but in other counties the wait time can be weeks and months.  In addition to the enrollment documentation, the Registry will require a letter from your employer on company letterhead or other documentation that supports your hardship.

    If you have no prior DUI convictions in Massachusetts or any other state you will not be required to have the Ignition Interlock Device (IID). If however you had a prior DUI conviction that was older then ten years from the most recent conviction you may have received a Cahill Disposition in Court. A Cahill Disposition is a second first offender dospition. If you resolved your case with the Cahill Disposition you will still be immediately eligible for a hardship license, however you will need to get an ignition interlock device installed before being eligble to reinstate.

    What is a Restricted License

    A restricted drivers license in Massachusetts only permits operation of a motor vehicle during a twelve hour window. A normal license allows individuals to drive 24 hours a day, a hardship license is valid for seven days a week but only the same twelve hours per day. The most common basis for a hardship license being granted is to assist individuals with getting to and from work. Although hardship licenses can be granted for medical, school and family hardships as well.

    A hardship license looks just like any ordinary license. The difference is that the specific hour restricitons are printed in small font on the license. 

    If you are granted a hardship license you can drive for any purpose during the specified twelve hour window seven days a week. There is no restriction on where you can drive or for what purpose you can operate a motor vehicle if you have a hardship license.

    Attorney Gilman has successfully represented hundreds of clients  appeal their DUI license suspension to the Registry of Motor Vehicles and the Division of Insurance Board of Appeals and obtained a hardship license. Call today to schedule a free, no-obligation case review with attorney Matthew Gilman.

  • I have a Board of Appeal Hearing What Can I Expect

    Drivers all across the Commonwealth receive license suspension letters everyday. Some matters can be resolved quickly at the Registry of Motor Vehicles, while other cases go to the Division of Insurance Board of Appeals. The Board of Appeals is an administrative hearing board that has legal authority to overturn or modify any decision issued by the Registrar of Massachusetts. This means they can tell the Registry to reinstate your suspended license.

    1. About the Board

    The Board of Appeals process is a formal scheduled hearing. There are no walk-in hearings before the Board.  The Board at any hearing will consist of three or four individuals. The Attorney Generals Office is represented by up to two designees, the Division of Insurance has one seat and serves as the chairperson and the Registrar of Motor Vehicles has one designee. Also present at any hearing is a Registry of Motor Vehicles Attorney/Representative. It is the role of the Attorney/Representative to present your record and any case in support of the Registry's position.

    2. Getting Before the Board

    As mentioned above, the Board does not take walk-in hearings. To get before the Board Attorney Gilman will file a formal application and appearance. There is also a $50.00 filing fee required to be paid with the application. Once the application package is submitted, it can take several weeks or months for the hearing to be scheduled. The longer your license is suspended the longer the wait time is to get before the Board. 

    3. The Hearing

    Every hearing starts the same way and all are open to the public. The Board will ask you to introduce yourself and spell your last name. Afterwhich, all the Board Members and the Registrars Attorney/Representative will introduce themselve. After everyone has introduced themselves the Board will ask the Registrars Attorney/Representative to present your record and the Registry's position against you. The Registrars Attorney will give to the Board your drivers history, criminal history and any out of state driving issues. If there are any criminal charges associated with the license suspension the Attorney will often provide the Board with copies of all relevant police reports.

    After the Registrars Attorney/Representative has presented their case, you will you have an opportunity to present your case. Every client that goes to the Board with Attorney Gilman will have an individualized memorandum supporting their case with supporting documentation. Moreover, prior to every hearing, Attorney Gilman will have conducted either a telephone conference or inperson conference to prepare his clients as to what they can expect to be asked. It is Attorney Gilman's goal that their be no surprises for his clients.

    4. The Decision

    After the hearing is concluded, you will not know the decision of the Board. The Board will vote in private at the conclusion of all the hearings whether to grant any relief or not. The decision can take anywhere from 7 to 15 or even more days to be received and processed.

    If your license is or will be suspended you need a lawyer in your corner who understands not only how the license suspension process works but how to get you the best relief possible.  Attorney Gilman has successfully represented hundreds of clients from all across the United States at the Board of Appeals. Contact Attorney Gilman today for a Free Case Evaluation.

  • I have been arrested for OUI / DUI what should I do.

    Drivers all across the Commonwealth have felt that sick feeling in their stomach when they see the blue police cruiser lights turn on behind their vehicle. The feeling is even worse when you have been out and may have had a few drinks. Below are some easy to remember steps you should take if you have been stopped and arrested for OUI / DUI:

    1. Have your license and registration in a easy to access location in your vehicle. Do not fumble around with other documents. The police are watching all of your movements to see how in control you are.
    2. If you are stopped and the police suspect you are driving under the influence of drugs or alcohol, do not tell the police anything. When the officer asks you where you are coming from, simply say you wish to remain silent and that you want a lawyer. Make no mention of where you were coming from, what you were doing and what if anything you consumed that night. Be polite but be clear that you wish to remain silent.
    3. If the Officer asks you to exit the vehicle to perform some field sobriety tests, respectfully tell the officer that you will not do any of the tests. Many people do not know but you cannot be coerced or forced by the police into trying these road side exercises. Again, be polite but clear with the officer that you will not complete any tests.
    4. Do not resist the arrest. Even if you believe you were driving perfectly, do not resist. If you resist it will only make the process worse for you and make defending you more difficult.
    5. If the officer elects to arrest you, be calm. When you get to the jail you have an absolute right to make a phone call. You should make sure you are careful with what you say during the phone. You should tell the person where you are being held and whether the bail commissioner is allowing your release. If the commissioner is permitting you release on bail the person bailing you out must bring the full bail amount in cash plus an additional $40.00 to the police station.  

    You will be informed if the bail is posted that you will need to appear in the local district court the next business day. I recommend that you arrive at the court at 8:30 A.M. and report directly to the Probation Department for an intake. If you are charged with DUI / OUI you need a lawyer in your corner who not only is willing to fight for the Not Guilty but understands all the license suspension consequences as well. Attorney Gilman has defended many OUI / DUI cases across the Commonwealth. Contact Attorney Gilman today for a Free Case Consultation.