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Massachusetts Registry Lawyer

161 Worcester Rd., Suite 200
Framingham, MA 01701
508-881-1119
508-302-0212 (fax)
E-MAIL:
ATTORNEY@RMVAPPEAL.COM

 







 
 

Our dedicated staff of RMV Appeal Attorneys will work hard to get you back on the road LEGALLY.

 

 

 

 

 

 

 

 

 

 

 

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HARDSHIP LICENSES, WORK LICENSES, SUSPENSIONS, & APPEALS

BREATHALYZER REFUSAL SUSPENSIONS IN MASSACHUSETTS

Under Melanie's law, the Massachusetts Legislature has enacted severe penalties for refusing a breathalyzer test. This was done in an effort to encourage motorists arrested for drunk driving to take the breath test, which can be introduced at trial as evidence. The minimum penalty for refusing a breathalyzer test in Massachusetts is 180 days. There are enhanced penalties for operators under 21 as well as individuals with prior DWI/DUI/OUI offense on their records. Some lawyers consider fighting breathalyzer refusal suspensions a “waste of time.” However, the RMV Appeal Attorneys believe that, depending on the facts and circumstances of the case, it may certainly be worth fighting a BTR suspension.

If your Mass. license is suspended because of a breathalyzer refusal, and you enroll in the 24D (first offender's) program, you may be able to get a hardship license.
more about hardship licenses


Breathalyzer Refusal Suspensions

The Registry of Motor Vehicles will suspend your Mass. License for at least 180 days for refusing a breath test.

No hardship licenses are authorized by law during the term of a breath test refusal (BTR/CTR) suspension period, unless your criminal case has been properly disposed of pursuant to G.L. c. 90 § 24D. By law, this suspension will be served consecutively with any other suspension arising out of the OUI charge. Contact an RMV Attorney to see if you qualify for a hardship license during the term of your BTR suspension.

Appealing Breathalyzer Refusal Suspensions

You have the opportunity to fight a breathalyzer refusal suspension. However, you MUST request a hearing within fifteen (15) days of your arrest.

There is no provision in the law for any extension of this time period, and no letter, phone calls, or other communications to the Registry will serve to extend this period beyond 15 days.

Breathalyzer Refusal hearings are ONLY conducted at the Boston Registry office, located on the fourth floor at 630 Washington Street.

There are only a few technical grounds for reversal of a breathalyzer refusal suspension. You are urged to contact an attorney regarding this type of license suspension.

If you win at your breathalyzer refusal hearing, the BTR suspension will be completely vacated, as if the breathalyzer refusal never occurred. If you lose at the suspension appeal hearing, you have the right to appeal the RMV's decision to the district court. Your appeal must be filed within thirty (30) days of RMV's decision.

You have the right to legal representation at every stage of the appeal process. A skilled attorney can mean the difference between winning and losing.

 

 

BTR Suspension Periods

41st Offense Adult - 180 Days

41st Offense Under 21 - 3 Years

42nd Offense Adult - 3 Years

43rd Offense - 5 Years

44th Offense - 10 Years

45th Offense - Lifetime

There is a lifetime look-back period when counting offenses for BTR suspensions.

Because the suspension periods are so long, it might make sense (under certain circumstances) to take the breathalyzer.

However, because of the long suspension periods, it probably also makes sense to challenge the breathalyzer refusal suspension. The decision of whether to appeal must be made based on a thorough analysis of the facts & circumstances of your case.

massachusetts license

RMV Appeal Attorneys

161 Worcester Road, Suite 200

Framingham, MA 01701

508-881-1119

 

     

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The information contained on this site is offered for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel.