REASONS FOR DRIVER’S LICENSE SUSPENSIONS IN MASSACHUSETTS

There are a variety of reasons why your Massachusetts driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a Massachusetts driver’s license to be suspended or revoked.

• Excessive Moving Violations: The state of Massachusetts operates on a surcharge point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 3 speeding violations within 12 months, your license will be automatically suspended for 1 month. If you accumulate 7 surcharge-able points within a 3-year period your license will be automatically suspended for 2 months. Habitual offenders (acquiring 3 major violations or 12 violations within 5 years) face a 4-year revocation. You have to re-apply for a driver’s license after a revocation, which means taking all the exams and paying the applicable fees.
• Driving Under the Influence: Your Massachusetts Driver’s License will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense. Your license can be suspended for a period of 1 year to life if you are found guilty.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in Massachusetts must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations: Your Massachusetts driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification; The Registry of Motor Vehicles can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a Registry of Motor Vehicles notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support. Other reasons include using false identification, not registering as a sex offender and not appearing when there is an arrest warrant.
• License Suspensions for Teens: Teenage drivers can also have their licenses suspended if they do not drive safely. More information on this kind of suspension is found
• Automatic Suspension: Automatic suspension occurs when a driver has 3 speeding violations in 1 year (the suspension period is 1 year and the reinstatement fine is $100), or a conviction or revocation in another State (your license will be suspended until the suspension is lifted in that State and the reinstatement fee is $100).
• Criminal Suspensions: These include caught stealing a motor vehicle (3 year suspension), leaving the scene of an accident without giving aid, and there are injuries involved (1 to 2 years), found guilty of homicide involving a motor vehicle or of vehicular manslaughter (15 years to a lifetime suspension), convicted of driving to endanger (2 months to 1 year).

JUNIOR OPERATIONS IN MASSACHUSETTS 

Drivers between 16 ½ and 18 years old are considered Junior Operators in Massachusetts. Junior Operators have additional driving rules and restrictions, and violating those rules will result in suspensions. In an effort to educate Junior Operators, Massachusetts created the State Courts Against Road Rage (SCARR) program which is mandatory for certain violations.

In addition to mandatory classes, suspensions are longer and reinstatement fees are higher for Junior Operators than for other drivers. The RMV provides a full list of violations and penalties as they relate to teen drivers.

ACTIONS TO TAKE IF YOUR MASSACHUSETTS DRIVER’S LICENSE IS SUSPENDED

Having your Massachusetts driver’s license suspended is a serious matter and it is essential to adhere to State law in the event that your license is suspended. If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer. The most important things to be aware of following a license suspension are:

• If your license has not already been taken away from you in court, you must surrender it to the Massachusetts Registry of Motor Vehicles. You can surrender your license in person at a RMV branch office.
• While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to 5 years, and the length of your suspension may be increased.
• After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. Do not drive until you have completed the necessary steps and received a valid, replacement license from the Massachusetts RMV.

You can also apply for a hardship license. There are different types of hardship license. The following criteria should be made note of before applying: 94 C Drug Offense Hardship Approval, First Offense (24 D) OUI Hardship Criteria.

HTO Hardship Criteria: OUI Hardship Criteria. If you are found eligible such a license you will have to pay the standard reinstatement fees, which can range from $100 to $1,200 depending on the offense.

MASSACHUSETTS HARDSHIP LICENSE

If your Massachusetts driver’s license has been suspended, you may be able to apply for a hardship license that allows you to drive with restrictions. Drivers must meet all criteria and bring all required documents to an RMV hearing in order to apply for a MA hardship license. The RMV provides a list of forms that show all the criteria you must meet to apply, based on the type of offense.

No driver is guaranteed a hardship license. Hardship licenses are granted at the discretion of the Massachusetts RMV.

MASSACHUSETTS SUSPENSION HEARINGS & APPEALS

If you receive a notice of suspension from the RMV, and you wish to challenge the suspension, you may request a hearing in court. Your notice of suspension may list a scheduled hearing. If a hearing has not been scheduled and you want one, they are held on a walk-in basis. An administrative law judge or the RMV representative will hear your case, and determine whether your driver’s license should be suspended or not. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program may remove points from the current driving record, and in some cases can enable an individual to avoid having his license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension. If you have questions about hearings, check your suspension notice or contact the RMV at:

• (857) 368-8000. (From Massachusetts area codes 339, 617, 781, 857 & from outside the State.)
• (800) 858-3926. (From all other MA area codes.)

NOTE: To reinstate your driver’s license after certain convictions, you MUST see a hearings officer. Please see our “Reinstate Your License” section for more information.

REINSTATE YOUR MASSACHUSETTS DRIVER’S LICENSE

You will receive a notice from the RMV after you have completed your suspension period. The notice will include complete instructions regarding how to get your license back. You may need to appear for a hearing at the Boston RMV office to reinstate your license. You can find out if you need to appear by calling (617) 351-7200. Generally, you will need to:

• Pay a restoration fee, which can range from $100 to $1,200 depending on the offense. The fee can be paid in person at a RMV branch office. You can also mail a check or money order payable to RMV at:

Registry of Motor Vehicles

PO Box 55896

Boston, MA 02205-5896

• Apply for a standard license renewal to obtain a new license.

Note that after your license is restored, you may be subject to a probation period of 1 year, during which any new violations may result in an additional suspension of your Massachusetts driver’s license.

REINSTATE YOUR MASSACHUSETTS SUSPENDED LICENSE

In order to reinstate your MA driver’s license, you will have to pay a fee. See our “Reinstatement Fees” section below. In some cases, you may also need to apply for a new MA license, which means taking the written and road tests. You can reinstate your driver’s license at any full-service RMV office.

If your driver’s license was suspended for any of the following reasons, you MUST see a hearings officer before your driver’s license can be reinstated:

• Vehicular homicide or manslaughter.
• Habitual traffic offender that includes an OUI.

For more information about suspension hearings, please see our “Hearings and Appeals” section above.

MASSACHUSETTS LICENSE REINSTATEMENT FEES

Reinstatement fees in Massachusetts range from $50 to $1,200, depending on the offense leading to the suspension. Reinstatement fees for Junior Operators are higher than for those drivers over 21 years old. NOTE: Criminal fines and licensing fees may also apply.

Reinstatement fees can be paid:

In Person: To pay your reinstatement fees in person, go to a full service Mass RMV branch. Each branch office accepts different forms of payment. Be sure to check with your local office for payment options.

By Mail: To pay your reinstatement fees by mail, send a check made payable to “MassDOT” to:

Driver Control/Court Records 
Registry of Motor Vehicles, 
PO Box 55896, 
Boston, MA 02205-5896

By Phone: To pay reinstatement fees by phone with a major credit card, call:

• (857) 368-8000 from MA area codes 339, 617, 781, or 857, and from outside of MA.
• (800) 858-3926 from MA area codes not listed above.
• TTY: 877-768-8833.

The RMV Telephone Center is staffed on weekdays (except holidays) from 9 a.m. until 5 p.m.

NOTE: By law, you are required to notify your employer within 30 days of receiving a traffic offense conviction or by the end of the next business day after receiving a CDL disqualification notice.

COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN MASSACHUSETTS

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. If you have a commercial driver’s license (CDL), your license can be suspended whether you commit an offense while driving a CMV (commercial motor vehicle) or your personal vehicle. All states exchange information about CDL drivers, so violations, suspensions, and other details of your driving history will follow you from state to state. Also, violations committed outside of Massachusetts will be reported to the RMV.

The Massachusetts Registry of Motor Vehicles (RMV) will disqualify your CDL if you commit:

Major Offenses:

• Driving with a blood alcohol concentration (BAC) of 0.04% or higher.
• Driving under the influence of illegal drugs.
• Violating implied consent laws by refusing to take a test for BAC.
• Leaving an accident scene.
• Committing a felony using any vehicle.
• Causing a fatality due to negligent operation of a commercial motor vehicle (CMV).
• Driving a CMV with a suspended, revoked, or cancelled license.

Multiple Serious Traffic Violations:

• Speeding 15 mph or more over the speed limit.
• Reckless driving.
• Following too closely.
• Involvement in an accident that resulted in a fatality.
• Driving without having obtained a CDL or without having your valid CDL in your possession.
• Driving a commercial motor vehicle (CMV) without the correct CDL class or endorsement.

Railroad Crossing Violations:

• Failing to slow down and check that tracks are clear.
• Failing to stop when required.
• Crossing a railroad when there isn’t enough space.
• Failing to cross appropriately due to insufficient undercarriage clearance.

Out-Of-Service Order Violations:

• Failing to take required breaks or rest periods.

NOTE: Commercial drivers are required to notify their employers within 30 days of any traffic conviction.

NOTE: By law, you are required to notify your employer within 30 days of receiving a traffic offense conviction or by the end of the next business day after receiving a CDL disqualification notice.

MASSACHUSETTS CDL SUSPENSION PENALTIES

The length of time you’ll be disqualified from holding a CDL varies based on the reason for disqualification and the number of prior offenses you have:

• Major Offenses:
  • 1st offense: At least 1 year. (Minimum 3 years if transporting hazardous materials.)
  • 2nd offense: Lifetime disqualification.
  • Felony involving the manufacturing or distributing of illegal drugs: Lifetime disqualification.
• Multiple Serious Traffic Violations:
  • 2 violations in 3 years: At least 60 days.
  • 3 violations in 3 years: At least 120 days.
• Railroad Crossing Violations:
  • 1st offense: 60 days.
  • 2nd offense: 120 days.
  • 3rd offense, and subsequent offenses: 1 year.
• Out-Of-Service Order Violations:
  • 1st offense: 90 days to 1 year. (If transporting hazardous materials or carrying 16 passengers or more: 180 days to 2 years.)
  • 2nd offense: 1 to 5 years. If transporting hazardous materials or carrying 16 passengers or more: 3 to 5 years.
    • 3rd offense, and subsequent offenses: 3 to 5 years.
  • Driving with a Suspended CDL:

If your CDL has been disqualified and you are caught driving a CMV, you will face a 2nd disqualification lasting at least 1 year OR for life if this is your 2nd conviction for a major offense.

You may face additional fines and criminal penalties for driving without a valid CDL, such as hefty fines or jail time. Also note that your employer cannot allow you to drive without a valid CDL.

• OUI/DUI CDL Suspensions in MA

1st offense: at least 1 year. (At least 3 years if transporting hazardous materials.)

2nd offense: Lifetime suspension.

In addition, if you are caught driving a CMV in MA with any detectable amount of BAC (but your BAC is less than 0.04%), you will be have to go out of service for 24 hours.

Remember, even if you’re driving a non-commercial vehicle, OUI convictions can lead to Massachusetts CDL suspension.

NOTE: In addition to an RMV suspension, you may be sentenced to additional penalties by the court.

CHECK YOUR COMMERCIAL DRIVER’S LICENSE STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

REINSTATE YOUR MASSACHUSETTS CDL 

Typically, to reinstate your commercial driver’s license through the Massachusetts Registry of Motor Vehicles, you’ll need to:

• Wait out your full suspension period.
• Meet any special requirements, such as any required hearings, alcohol treatment programs, etc.
• Pay any applicable reinstatement fees and other related fines/costs.

For questions about your specific suspension, contact your local MA RMV office.