QUESTION

Do I ever have a chance at getting my drivers license back?

Asked on Jul 08th, 2020 on DUI/DWI - Massachusetts
More details to this question:
Lost my license May 2012 for 3rd offense OUI (4th Arrest however). Refused the breathalyzer. Late received news that if you refuse the breathalyzer in Massachusetts on a 4th charge, you lose your license for life. it has been over 8 years. Never drove under suspension. Is it legal to take away a license for life even though that was never explained to me at my arrest?
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1 ANSWER

Criminal Law Attorney serving Andover, MA at Erkan and Associates, LLC
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It is unclear to me why your license was suspended for life in the circumstances you have described.  In relevant part, the terribly unwieldy and incomprehensible Massachusetts OUI law (General Law ch. 90, s. 24) provides that "a person previously convicted of, or assigned to a program for 3 or more [OUI offenses] shall have the person's license or right to operate suspended forthwith for life based upon such refusal."   In the fact pattern you have described, you were convicted of 3rd offense OUI.  I infer from your description that one of the charges resulted in a dismissal or acquittal.  If that is so, your license loss should have been for 5 years, in addition to the suspension flowing from your OUI 3rd offense conviction.  If, however, you were convicted or admitted to sufficient facts in each of your prior offenses, your license is indeed suspended for life. If you were not advised of the consequences of your refusal, there may exist avenues to challenge the suspension on due process grounds. Alternatively, depending on the particulars of your past case(s), you may be able to challenge one or more of your underlying convictions by way of a motion for new trial.  If your conviction were vacated on constitutional grounds, there may be arguments that your license should be restored.  You may wish to arrange for a consultation with a skilled attorney to discuss the facts and circumstances of your case to determine if there is any relief available to you. Best regards, Murat Erkan
Answered on Jul 28th, 2020 at 2:11 PM

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