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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.
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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.

RMV Appeal Attorneys
161 Worcester Road, Suite 200
Framingham, MA 01701
508-881-1119
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