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A drunk driving arrest can result in a huge impact on your privilege to drive in Massachusetts. Getting to and from work, picking up the kids, or heading to the grocery store can all be adversely impacted. If you’re facing a Lowell DUI driver’s license suspension, contact the DUI attorneys at Erkan & Sullivan, P.C. for comprehensive legal representation in OUI license suspension and drunk driving matters. Schedule a consultation in our conveniently located office in downtown Lowell.
Losing Your License Because of a DUI
OUI laws and the “implied consent law” impose very harsh consequences, including a substantial impact on your right to drive. If you’re facing a DUI driver’s license suspension in Lowell, it is critical to understand how Massachusetts General Laws Chapter 90 § 24—the monstrous and infamously unreadable DWI statute—sets forth these consequences (the relevant subparagraphs are (e) and (f)). The State’s website breaks down this provision in a slightly more digestible form. For example, failing the breath test will result in a license suspension of 30 days. If on the other hand you refuse to take a breath test, your license can be suspended:
- First-time offense suspension of 180 days
- Second offense suspension of 3 years
- Third offense suspension of 5 years
- Fourth or greater offense suspension for life
If you are under 21, the suspension for refusing the breath test are increased! For under 21 drivers refusing a breath test for a first or second offense, the suspension will last for 3 years.
A breath test refusal suspension is separate from a suspension for a continuation without a finding or conviction for an OUI offense. These penalties can also be severe – especially if added to other suspensions already in place. The minimum breath test refusal suspension is for six months.
- First-time offense OUI results in a minimum 45 day suspension (can be as much as a one-year license loss)
- Second offense suspension is two years (with an ignition interlock device once your right to drive is reinstated)
- Third offense suspension for eight years
- Fourth offense suspension for ten years
- Fifth or greater offense will result in a lifetime license loss
Cinderella License
In certain classes of cases, drivers facing a DUI driver’s license suspension may be eligible for a “Cinderella” or “hardship” license in Lowell. This restricted license allows people to obtain a seven day a week, twelve hour window where they are free to drive.
Immediate Threat
Separate and apart from the DUI suspension, the state has another, highly problematic trick up their sleeve – the so-called immediate threat and medical threat suspensions. Those suspensions allow a Lowell police officer to confiscate your driver’s license with the intention of keeping it from you until you resolve your underlying DUI case. Read more about this type of suspension and how to deal with it here.
Experience Matters.
The goals and concerns for each client are of paramount importance to DUI defense attorneys Murat Erkan and Ryan Sullivan. We provide a results-oriented approach to legal representation, with a specific plan tailored to the goals of each client.
We have extensive experience in drunk driving cases and understand the complex interplay between the DUI laws and their impact on your driver’s license. Some paths and dispositions that are available to resolve a drunk driving charge may allow a client to get their driver’s license back at a much earlier date than others. In first-time offenses, a continuance without a finding may be an option. Defense attorneys Murat Erkan and Ryan Sullivan pride themselves on advising each client regarding their unique situation. Our ability to point out the mistakes of prosecutors, negotiate favorable dispositions, or make winning arguments to a jury or judge allow for a wide array of options for our clients.
If getting your license back at the earliest possible time is your most vital concern, we will fully explain your options. We diligently guide clients through the steps necessary to obtain a hardship license, when available. For clients who face breath test refusal cases we will advise clients on how to get back on the road in the shortest possible time.
For many Lowell residents, the lengthy time period for a drunk driving-related license suspension is devastating. But the moving parts between the OUI charges and the loss of license are complicated. We will thoroughly analyze your individual circumstances and, factoring in your goals, develop a comprehensive criminal defense strategy tailored to your case. We will fully explain all of the legal options to allow you to make informed decisions and move forward with confidence.
Get Legal Help Following a DUI Driver’s License Suspension in Lowell
To learn how Erkan & Sullivan, PC can help you navigate a Lowell DUI driver’s license suspension, call (978) 474-0054 or send us an e-mail today.
