If you refused the breathalyzer test, it will be more difficult for the Commonwealth to prove you guilty of OUI. The best way for you to get back on the road is to obtain a not guilty verdict at trial. In some cases, a quick trial date may be the best option to get your license back as there is a presumption of reinstatement of your license if you are found not guilty of OUI.

• Appealing a breathalyzer refusal suspension must occur within 15 days of the arrest. You can appeal the breathalyzer refusal suspension to the Massachusetts Registry of Motor Vehicles in Boston but you only have 15 days from the date of the arrest, including weekends and holidays, to appear before the RMV in Boston. The RMV in Boston is the only RMV in the entire State that will hear breathalyzer refusal appeals, regardless of where you live in the State. Additionally, the 15 days time period is strictly enforced as the RMV will deny a hearing if you appear on the 16th day.

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.

Attorney DelSignore is an experienced Massachusetts OUI lawyer that has handled numerous breathalyzer refusal appeals and can explain the process to you. Call immediately to begin the appeal process and set up a free consultation, 508-455-4755 or 781-686-5924.