If you drive after your license was suspended for an OUI, you could be facing serious consequences. Operating after suspension (OAS) for an operating under the influence (OUI) charge means mandatory jail time.
If you are charged with OAS after OUI, you need to hire an experienced attorney immediately to help defend you.
What are the Penalties for Operating after Suspension for OUI?
Operating after your driver’s license was suspended for OUI carries a mandatory minimum of 60 days in jail. This jail time cannot be suspended, and you cannot be placed on probation. This means if you are convicted, you will have to go to jail.
It also carries a fine of at least $1,000 and a penalty of up to two and a half years in the house of correction.
This penalty is spelled out in M.G.L. ch. 90, §23.
What does the Commonwealth Have to Prove for OAS after OUI?
The Commonwealth must prove that you operated a motor vehicle and that at the time you did, your license was revoked for an OUI offense. The Commonwealth must also prove that you received notice that your license was suspended.
This notice can be proved through certified records from the Registry of Motor Vehicles. Certified records typically indicate when a notice of suspension was mailed out to you, and court records can show that you received notice of your suspension in open court.
What Kind of Driver’s License Suspensions Count?
This offense, and the mandatory jail time, only apply if your suspension was due to an OUI conviction. This means that if your license was suspended for refusing a breathalyzer, this does not count as a suspension for OUI. This only applies to the mandatory suspension after an OUI conviction, including under 24D.
If you are charged with operating after suspension for OUI, you need a lawyer to represent you. You could be facing mandatory jail time, additional license suspensions, and hefty fines. I have successfully gotten these charges reduced and avoided jail time for clients.
Call (or text) me today 617-295-7500, and let’s get started on your defense!