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Operating with a Suspended License from OUI (OAS for OUI)

Operating with a Suspended License from Operating Under the Influence

In Massachusetts, under MGL c. 90 s. 23, operating with a license that is suspended due to an OUI charge carries a minimum mandatory jail sentence of 60 days, up to the following potential penalties:

  • 2 1/2 years in jail
  • 1 year license loss (mandatory)
  • $1,000 fine (minimum) up to $10,000 fine

If you are charged with this offense, it is very important that we review your case as soon as possible. We have represented clients who have been improperly charged under this statute, and as a result we were able to convince the prosecutors to drop the charge. A review of your full criminal record, and more importantly your RMV driving record, is critical. The reason for your underlying license suspension must be the statutory suspension from the court. That means that if, at the time you were charged with this new offense of operating with a suspended license for OUI, your license was suspended for refusal the breath test, failing the breath test, or any other administrative RMV suspension, you cannot be convicted under this statute, and the charge should be amended to simple operating with a suspended license. This is very significant, as it takes a mandatory jail sentence off the table.

Operating Under the Influence With a Suspended License for Operating Under the Influence

If you are charged with OUI while your license was suspended for a prior OUI charge, you face a mandatory minimum 1 year jail sentence up to the following potential penalties:

  • 2 1/2 years in jail
  • $2,500 fine (minimum) up to $10,000 fine
  • 1 year license loss (mandatory)

In order to be convicted under this paragraph, the prosecution must prove that your license was suspended specifically for the prior OUI, and not for some other offense from the court or an administrative suspension from the RMV. Further, the prosecution must prove that you were under the influence of alcohol or drugs, and overcome all of the obstacles they face in OUI cases.

Please visit our sister website,, which is dedicated exclusively to motor vehicle crimes.

If you have been charged with OAS from OUI, contact our office immediately:(617) 830-2188

Client Reviews
"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely impressed and satisfied. I left my hearing feeling confident that I had made the right choice of hiring him. I am positive I would have lost this case and walked away with an OUI if I hadn't. I am very happy with how he handled my case and how reassured I felt having him as my lawyer." MC
"Benjamin Urbelis, an attorney with Urbelis Law LLC, took our call late in the evening when we needed him. Benjamin explained the legal process in a manner that we could understand and provided the legal representation needed to clear up the issue immediately. His experience and credentials were evident in the way in which he handled all of the details of our case and achieved complete success. Thank you Benjamin for your professionalism and wise counsel." FB
"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he did!! Cant thank you enough man! If anyone needs a lawyer, hes your guy... no question" PB