Massachusetts Drug Suspensions

G.L. c. 90 § 22(f) requires the Massachusetts Registry of Motor Vehicles to suspend the driver’s license of anyone who is convicted of a G.L. c. 94C drug offense in Massachusetts. The concept of suspending a driver’s license for a conviction which has nothing to do with driving or a motor vehicle was challenged in court and the result of that challenge was a determination that the law was constitutional. These mandatory license suspensions for drug convictions are imposed as part of the “war on drugs” and an overall solution to the illegal drug problem in Massachusetts. Another benefit of the drug law is that it allegedly keeps potentially drug-impaired drivers off the road. Mass. drug suspensions range from 1 to 5 years in length, depending on the drug charge.

The law also provides for delaying the issuance of driver’s licenses to juvenile delinquents who have picked up drug convictions.

The automatic suspension law for drug convictions has been criticized because under the Massachusetts drug law, an individual who makes a single mistake of possessing a small amount of controlled substances or a pill without a prescription risks losing his driver’s license for a single mistake. The loss of a driver’s license for a drug conviction is not a foreseeable consequence. The law allows judges no discretion to prevent a drug suspension from going into effect. Fortunately, however, the Board of Appeal has discretion to grant hardship licenses for drug suspensions and many of these drug-related suspensions can be reduced and completely eliminated. For example, in cases where the Registry suspends a driver's license years after the drug conviction, it may be possible to reverse the late suspension. Contact Attorney Brian E. Simoneau for more information.