A 3-minute lesson from the Massachusetts course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.
After an OUI arrest, failing or refusing a breath or blood test suspends your license right away, separate from what happens in court. How long depends on your age and on any prior OUI offenses.
Know the rule
All drivers fail a chemical test with a BAC of 0.08 or greater. Drivers under 21 face the same standard for criminal purposes, but also face administrative sanctions for a BAC as low as 0.02.
For a first OUI case, entering a Department of Public Health (DPH) approved alcohol education program waives the extra 180 days for ages 18 to 21, or reduces the extra year to 180 days for drivers under 18.
The extra under-21 suspension is designed to get youths into alcohol education. It doesn't matter what happens with your court case: even if you win, you must still take the alcohol education course.
After a refusal, a first OUI case also lets you waive the extra 180 days (ages 18 to 21), or cut the extra year to 180 days (under 18), by entering a DPH-approved alcohol education program.
A 19-year-old with no prior OUI offenses refuses a breath test. The suspension is three years plus 180 days. Since it's their first OUI case, entering a DPH-approved alcohol education program can waive the extra 180 days.
Check your understanding
Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.
What is the suspension for refusing a chemical test for a driver over 21 with no prior OUI offenses?
180 days
30 days
One year
Three years
Answer: 180 days
Refusing a chemical test with no prior OUI offenses carries a 180-day suspension for drivers over 21.