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Mass. RMV Appeals

550 Cochituate Rd. SUite 25
Framingham, MA 01701
508-656-0057
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.

With the harsh consequences associated with Operating After Suspension / Revocation, why drive on a suspended or revoked license when you may be able to get a Hardship License or a full license reinstatement?

If your license was suspended or revoked for OUI, DWI, DUI and you are found operating a motor vehicle, you will likely be arrested. If you       do not have a hardship license, this offense carries a minimum mandatory sentence of 60 days imprisonment.

A Massachusetts Hardship      License will allow you to drive     legally for a fixed 12 hour period   each day. Also, if  your are found operating outside of your designated hours, a hardship license will    reduce the charge from Operating After Suspension / Revocation to    the less serious charge of   Unlicensed Operation.

 

MASS. RMV APPEAL ATTORNEYS
The Meadows Building


161 Worcester Rd., Suite 200
 

Framingham, MA 01701
 

508-881-1119
 

508-302-0212 (fax)
 

E-MAIL:

ATTORNEY@RMVAPPEAL.COM

 

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HARDSHIP LICENSES, WORK LICENSES, SUSPENSIONS, & APPEALS

THE MASSACHUSETTS IMPLIED CONSENT LAW
Under the implied consent law, in exchange for being granted a Massachusetts Drivers License, you agree that if you are arrested by a police officer for OUI in Massachusetts (also known as DUI/DWI or "drunk driving), you will submit to a chemical breath or blood test. If you refuse a breathalyzer or blood test, the Mass. RMV requires the police to confiscate your license on the spot and give you a notice of suspension, which is effective immediately. Your Mass. license will be suspended for 180 days if it is your first OUI offense and you are over 21 years old. If it is a subsequent OUI offense or you're under 21, your license will be suspended for longer. However, when a person refuses to submit to a chemical test, that fact is not admissible as evidence in court. There are substantial license suspension periods associated with breathalyzer refusals because, without evidence of a driver's blood alcohol level, the Commonwealth often has difficulty proving its case.

Depending on the circumstances, you may be able to successfully challenge the above-described breath test refusal suspension. Also, 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 Visit our new site to learn more.


Massachusetts Breathalyzer Equipment

All Massachusetts Police Departments now have relatively new breathalyzer equipment called BATS. The system consists of an infrared breath testing instrument, keyboard, a simulator, a temperature probe, a laser scanner and a printer. The laser scanner allows for the drivers license and operator information to be automatically transferred to the instrument. The laser printer prints the breath test ticket and notice of suspension. The instrument sends all necessary data electronically to the Office of Alcohol Testing (OAT). The data needed by the
Registry of Motor Vehicles is forwarded in real time by OAT. Also, records of all breath tests, calibration, maintenance, and repair records are electronically available to DUI Lawyers.

Many Massachusetts Police Departments equip their officers with preliminary or "roadside" breath test devices. Blood alcohol levels obtained by these results are inadmissible in Court. However, officers may use PBT results to form an opinion regarding intoxication.

Should I take the Breathalyzer Test?

Whether or not to take a breathalyzer in Massachusetts is a subject of considerable controversy and debate. On one hand, if you score below a .08, there will be no presumption that you were intoxicated. Register an .08 or above, and there is an automatic presumption that you were intoxicated. If you refuse the breath test, no test will be taken and your refusal is inadmissible at trial, but your license will be immediately suspended for at least 180 days. If you believe that your blood alcohol is low, you should probably take the breathalyzer to avoid the license suspension. However, many experts believe that breathalyzers are unreliable and advise individuals to always refuse the them. There is no  right to consult with an attorney when deciding whether to take the breathalyzer test.

Massachusetts drivers who refuse the breathalyzer test are subject to an automatic license suspension for 180 days for the first offense, a minimum 3 year loss for a refusal after one prior DUI, a 5 year loss for a refusal after two prior DUI convictions and a lifetime loss of license for a breath test refusal after three or more prior OUI convictions. When faced with a breathalyzer test, drivers must carefully weigh their options. Massachusetts License Suspensions for breath test refusals (BTR/CTR) run consecutively (i.e. if you are convicted, the BTR suspension will begin after the OUI suspension).

If your Mass. License is suspended because of a Breath Test Refusal, you are entitled to a Registry hearing within 15 days of suspension. You are entitled to be represented by an attorney at this hearing. Click here to learn more about fighting a breathalyzer refsual suspension.

How the Breathalyzer Works

An infrared breathalyzer tests deep lung air for the presence of alcohol. The subject breathes through a breath tube into the machine. An infrared light is then projected through the breath sample and the level of light absorbed by the alcohol is measured. The breath test result is then translated into a numerical blood alcohol level.

After the first test of the subject's breath, the machine performs a test on a sample of standard simulator solution. (The result must be within certain limits or the the test is invalid.)

After the test of the simulator solution, the subject blows into the tube for the second time and his or her BAC is measured again. If the results of this second sample are outside of certain limits, the breath test will be invalid).

Common Ways to Attack the Breathalyzer

4Subject not given right to independent exam

4Breathalyzer not certified

4Breathalyzer not calibrated

4Breath test simulator solution expired

4Breath test not administered properly

4Driver not observed for 15 min. before test

4Inherent margin of error (in borderline cases)

4Breahtalyzer didn't measure deep lung air

4Too much time between arrest & test

Remember, in certain cases, you are eligible for a Hardship License, even if you have refused a breath test. Also, you may be able to successfully challenge the breath test refusal suspension and get your license reinstated. Contact a License Reinstatement Attorney for More information.

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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.