Regaining Your Driving Privileges

Any prior OUI conviction will affect the charges filed against you. The first step is to ensure you have legal representation from an experienced OUI defense lawyer. At Gilman Law, we are honored to be considered one of the region’s premier license suspension law firms. We could get to work quickly to help you get back behind the wheel. 

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A law firm you can trust in OUI charges and out-of-state OUI charges.

If you were charged with a drunk driving offense while out of state or charged when visiting Massachusetts, you may feel overwhelmed and confused about what to do. Please meet with our OUI defense attorney, who will evaluate the issues and develop a plan. You work hard for your money and deserve the level of service Gilman Law delivers. Regarding restoring your driver’s license, actions are taken immediately to get you back behind the wheel efficiently and legally.

Visitors to Massachusetts charged with OUI

Massachusetts is a favored destination for visitors who want to see Boston, Nantucket, Salem, Plymouth, or other historical areas or visit relatives there. It is common to enjoy alcoholic drinks while on vacation, but being stopped by law enforcement in this state can be shocking and dangerous. When arrested in Massachusetts, you will be prosecuted under the laws of the Commonwealth, which are some of the most extreme in the nation. If you were visiting the state and were arrested and charged with any OUI offense, your first step is to retain an attorney to manage your case.

Residents of Massachusetts charged with OUI in another state

If you are a resident of Massachusetts and were convicted of any OUI or DUI offense while in another state, conviction data is issued to the RMV through the National Driver Register. If your license was suspended or revoked, this information is given to the RMV, which will suspend your license. Your driver’s license must be reinstated in the other state before the RMV will restore your driving privileges.

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Breathalyzer testing in Massachusetts

Even if your breathalyzer results are under .08, you can be charged with OUI in Massachusetts. Other evidence may be used, such as a failure to perform sobriety tests correctly or issues such as “bloodshot eyes” or erratic driving behavior. In the state, there is more than one way an officer may arrest a driver for OUI:

  • You blow over .08 on the breathalyzer.
  • You refused the breathalyzer test.
  • The officer believed that consumption of alcohol or drugs impaired your ability to drive safely.

Refusing the breath test in MA: the repercussions

In MA, refusing the breathalyzer test will result in the immediate suspension of your driver’s license. Under “implied consent,” when traveling on the roadways in the state, you have consented to this test. The penalties for refusing the test include:

  • Driver’s license suspension for 180 days.
  • Second-time refusal to take the test, license suspension for three years.

Out-of-state license suspension for residents of MA

The Massachusetts RMV participates in a nationwide system that connects motor vehicle departments. Information regarding license suspension in another state is sent to the RMV, and your license will be suspended in Massachusetts. If the license suspension was the result of an OUI or DUI, restoring your driving privileges will require a hearing in front of an RMV Hearing Officer.

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Premier license suspension law firm: Gilman Law

While in law school, our founding attorney,  Matthew Gilman, served as a Massachusetts Registry of Motor Vehicles Hearing Officer. Just like the Hearing Officers of today, he had the right to act as judge, jury, and prosecutor when it came to suspending driver’s licenses. He saw the RMV as the “wild west” of the law, where they write their own rules and do what they want.

After graduating from law school, Mr. Gilman established a private law practice to help those accused of OUI or DUI fight through the unfairness of the Massachusetts Court System and Registry of Motor Vehicles. Having worked on the other side at the Registry, he knew how to assist residents or visitors in getting back behind the wheel legally and efficiently. The firm assists those charged with OUI with issues that intersect with the RMV. Gilman Law does all administrative work with the RMV and has a rare level of experience and knowledge in this vital aspect of an out-of-state OUI charge.  

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