BREATH TEST REFUSALS

Whoever operates a motor vehicle on the public ways of the Commonwealth of Massachusetts is deemed by law to have consented to a breathalyzer test when stopped for operating a motor vehicle under the influence of alcohol.  If a driver refuses to submit to a breath test, his or her license is immediately suspended and he or she will not be able to lawfully operate a motor vehicle until the Registry of Motor Vehicles (RMV) reinstates their license at a Registry Hearing.

Melanie's Law also increases the suspension period for underage drivers or those who previously have been convicted of an OUI-related offense - either in Massachusetts or out-of-state for a "like violation."

The suspension periods are as follows:

• If this is a first offense, and you are at least 21 years of age, you will receive a 6 month suspension
  
  
• If you are under 21, or have one prior conviction, you will receive a 3 year suspension
  
  
• If you have two prior convictions, you will receive a 5 year suspension
  
  
• If you have three prior convictions, you will receive a lifetime suspension

Two-Step Process For Appealing Breath Test Suspensions

The police officer is required to confiscate the driver's license and impound his or her car upon the refusal.  From that point, the accused has a right to appeal the suspension to the RMV, within a 15 day period, on a walk-in basis to the Boston branch of the agency.

By law, the RMV is required to compile a record of the appeal, and an application -in written form - is to be filed as per the agency's requirement.

The RMV has ten business days to render a decision.  If the driver is denied relief, he or she has the right to seek review by the District Court in the district that the offense occurred.  This petition must be filed within 30 days of the RMV's final decision.

The only way the court may reverse this decision is if it finds that the RMV exceeded its authority, made an error interpreting the law, acted in an arbitrary manner, or made a determination which is unsupported by the evidence in the written record.

Beware:
No Hardship License in Refusal Cases!

There is generally no ability to get a Hardship License during the term of a Breath Test Refusal.  Also, suspensions for refusing the breathalyzer run consecutively with OUI/DUI suspensions.  This means that if your driver's license is suspended for a refusal, your suspension for the drunk driving charge will not start running until you have served your entire breath test refusal suspension.

Our law firm defends people who have refused to take a Breath test after being stopped for a suspected OUI/DUI charge.  We can fight at the Registry Hearing to keep your driver's license.  If you refused the Breath test, contact us immediately after your arrest.

We continue to answer questions about Breath Test Refusals on our FAQ page.

Our Breath Test Refusal Attorneys
Aggressively Defend Charges!