Massachusetts · OUI · Checked October 2026
OUI License Suspension in Massachusetts: Hearing Deadline and Hardship License
OUI License Suspension in Massachusetts: What Are the Rules?
You have 15 days to challenge a license suspension after an OUI arrest in Massachusetts.
- Deadline to challenge
- 15 days
- How it is counted
- The date of the refusal suspension (a breath-test refusal); for a failed breath test of 0.08 or more, the 30-day suspension can be challenged within 10 days of suspension in the court where the charge is pending
- Failed test
- Until the case is resolved, but no more than 30 days (0.08 or more, or 0.02 or more under 21)
- Refused test
- 180 days (no priors); 3 years if under 21 or with one prior; 5 years with two priors; life with three or more priors
- Hardship license
- Hardship license
How to Request a Hearing in Massachusetts
a refusal hearing before the Registrar of Motor Vehicles; a failed-test hearing is requested in the court where the charge is pending and is limited to whether a blood test showed a lower level
Suspension if You Fail a Test in Massachusetts
until the case is resolved, but no more than 30 days (0.08 or more, or 0.02 or more under 21)M.G.L. c. 90, § 24(1)(f)(1), (1)(f)(2), (1)(g)
Official source: suspension if you fail a test (Massachusetts)
Suspension if You Refuse a Test in Massachusetts
180 days (no priors); 3 years if under 21 or with one prior; 5 years with two priors; life with three or more priorsM.G.L. c. 90, § 24(1)(f)(1), (1)(f)(2), (1)(g)
Official source: suspension if you refuse a test (Massachusetts)
Getting a Hardship License in Massachusetts
after a first-offense conviction, a hearing before the Registrar after 3 months for a license valid the same 12 hours each day for work or school, and after 6 months for a limited license; a first offender program participant may apply immediately; no hardship license during a chemical test refusal suspension; repeat offenders must use an ignition interlock
More on OUI Law in Massachusetts
See the full overview of OUI laws in Massachusetts and read about hardship licenses in every state.
This page summarizes Massachusetts law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Massachusetts can advise on your case.
Frequently Asked Questions
How Long Do You Have to Request a Hearing in Massachusetts?
15 days. How it is counted: the date of the refusal suspension (a breath-test refusal); for a failed breath test of 0.08 or more, the 30-day suspension can be challenged within 10 days of suspension in the court where the charge is pending.
How Long Is the License Suspension for Failing a Test?
until the case is resolved, but no more than 30 days (0.08 or more, or 0.02 or more under 21)
Can You Get a Hardship License in Massachusetts?
after a first-offense conviction, a hearing before the Registrar after 3 months for a license valid the same 12 hours each day for work or school, and after 6 months for a limited license; a first offender program participant may apply immediately; no hardship license during a chemical test refusal suspension; repeat offenders must use an ignition interlock