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When you are charged with OUI in Massachusetts and refuse the breathalyzer, you have a strong case at being found not guilty of drunk driving. But there is a downside, in that there is a license suspension for refusing the breathalyzer test. This means that you will be with out your license for at least some period of time while contesting the refusal or attempting to get a trial date on the
Under Massachusetts OUI law, there are two ways to get your license back for a Breathalyzer refusal.
The appeal must be within 15 days of the arrest (including weekends and holidays). The RMV will not hear your appeal even if you appear on the 16th day.
You can only appeal to the RMV in Boston, Massachusetts. This is the only RMV in Massachusetts that will hear Breathalyzer refusal appeals.
In most case the RMV will uphold the suspension, you then must appeal to the district court where the OUI case is being heard to argue that the RMV exceeded its authority in suspending your license.
Reinstatement of your license following a not guilty verdict on the OUI Charge.
If you are found not guilty on your Massachusetts OUI charge, the court will typically reinstate your license on a first offense as there is a presumption of reinstatement.
You will need to have the district court judge who heard the trial allow a motion to reinstate your license. On a first offense, the motion will typically be allowed.
(If you are under 21 and refusal the Breathalyzer, you face a three-year loss of license.)
A prior conviction includes out of state offenses or assignments to an alcohol treatment program.
Things to consider immediately after your OUI arrest:
Attorney DelSignore is an experienced Massachusetts OUI lawyer
Understanding Massachusetts Drunk Driving Laws - by Michael Delsignore.