Massachusetts DUI Law : Mass Lawyer & Attorney for Drunk Driving Arrests in Boston, Worcester, Framingham

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If you were arrested for DUI in Massachusetts and you refused to submit to a chemical breath test, it is absolutely critical that you contact a Massachusetts DUI Lawyer immediately. I say this because you only have 15 days to appeal most aspects of a breathalyzer refusal suspension.

Melanie’s Law dramatically increased Massachusetts breathalyzer refusal penalties so that your license or right to operate will be suspended for 180 days for a first offense DUI, 3 years for those under 21 years of age or for those with one prior DUI, 5 years for a 3^rd offense, and lifetime for a 4^th offense DUI.

Also, there is no guarantee that your breathalyzer refusal suspension will be vacated if you are found not guilty of DUI. This means that you may get an acquittal or dismissal of the DUI charge and still have to serve a license suspension ranging from 6 months to lifetime, depending on your record.

Chemical test refusals appeals must be filed within 15 calendar days of the date of arrest. This includes weekends and holidays. This 15 day period is jurisdictional and cannot be waived. Failing to file a breathalyzer refusal appeal with the Registry of Motor Vehicles within the 15 day appeal period can be a huge mistake, often with consequences which may last a lifetime. I have personally seen “slam dunk” winner breathalyzer refusal suspension appeals lost because the DUI defendant failed to appeal within the 15 day period. One of these resulted in a lifetime loss of license, with absolutely no ability to get a hardship license.

In subsequent offense DUI cases, the breathalyzer refusal period sometimes exceeds the DUI suspension period. For example, a 2^nd offense DUI will result in a 3 year breathalyzer refusal suspension followed by a 2 year DUI suspension. A 4^th offense DUI will result in a 10 year suspension for being convicted of DUI and a lifetime suspension for refusing the breath test. To make matters worse, in most cases, there is absolutely no ability to get a hardship, work, or Cindarella license during a breathazlyer refusal license suspension. Both the Massachusetts Registry of Motor Vehicles and the RMV Board of Appeal routinely refuse to issue hardship licenses during 3 year, 5 year, and lifetime CTR suspensions.

Many lawyers do not bother appealing breathalyzer refusal license suspensions. Not appealing is usually a mistake. There are numerous grounds upon which to challenge these administrative license suspensions. For a refusal to be valid, it must have been done in a very specific way, with certain rights provided. Also, it must be adequately documented by the police. Under the Massachusetts Breathalyzer Refusal Law, legal difficiences with the refusal will result in it being overturned. Although, in most cases, the Registry “rubber stamps” these refusals it is possible to win in District and Superior Court, so long as the original suspension appeal was field with the Mass. RMV within 15 days of the OUI arrest.

If your license was suspended for a breathalyzer refusal in Massachusetts, please contact me. I may be able to get you back on the road with a full license reinstatement, as I have done for numerous grateful clients in the past.