Administrative License Suspension for Chemical Test Refusals. What happens if I refused the breathalyzer when arrested for DUI and can I appeal this suspension?

If you refuse to take the breathalyzer test, your license will be immediately taken by the police officer. You must act immediately in order to request a hearing before the registry of motor vehicles to contest the license suspension.

STRICT TIME LIMIT TO APPEAL BREATHALYZER REFUSAL SUSPENSION

You only have 15 days from the date of your arrest to appear at the Registry of Motor Vehicles in Boston to request a hearing on the refusal to submit to a breathalyzer. Once 15 days from the date of the arrest has pasted, including weekends and holidays, you will no longer be able to challenge this administrative suspension for refusing the breathalyzer. If you refused the breathalyzer, you should call an experienced lawyer immediately to preserve your rights to contest your refusal of the breathalyzer in Massachusetts

LENGTH OF BREATHALYZER REFUSAL SUSPENSION DEPENDS ON NUMBER OF PRIOR DUI CONVICTIONS AND YOUR AGE.

If you refused the breathalyzer and you have no prior OUI convictions, the license suspension is for 180 days for refusing the breathalyzer test.

• One Prior OUI conviction: three year license suspension
• Two Prior OUI convictions: five year license suspension.
• Three Prior OUI convictions: lifetime loss of license.

A prior conviction includes out of state offenses or assignments to an alcohol treatment program. If you are under 21 and refusal the breathalyzer, you face a three year loss of license.

If you face an implied consent hearing with the Registry of Motor Vehicles for a breathalyzer refusal, contact Michael A. DelSignore. Attorney DelSignore is a criminal defense attorney who provides experienced defense to people charged with drunk driving in Massachusetts.

Massachusetts Registry of Motor Vehicles Breathalyzer Refusal Hearings

Lawyer DelSignore defends people who have refused to take a breath test after being stopped for suspected DUI/OUI. If you have refused a breathalyzer, Attorney DelSignore can fight to keep your driver’s license. You must act immediately to protect your right to a hearing at the RMV.