Consequences of Refusing the Breathalyzer in a Massachusetts OUI arrest

In Massachusetts, there are two ways to get your license back for a Breathalyzer refusal. Although the suspension will vary according to the number of prior convictions you have and your age at the time of the arrest, it is possible to appeal the suspension.

The diagram below describes the different ways in which you can appeal to get your license reinstated.



Refusing the Breathalyzer
Length Of Breathalyzer Refusal Suspension Depends On The Number Of Prior DUI Convictions And Your Age.

(If you are under 21 and refused the Breathalyzer, you will face a three-year loss of license.)


No. of prior OUI convictionsLicense Suspension
0180 days
13 years
25 years
3Lifetime loss

A prior conviction includes out of state offenses or assignments to an alcohol treatment program.


Important Details To Note
  1. While you do not have to appeal a refusal suspension, it is important to understand Massachusetts OUI laws so that you can make an informed decision whether or not to pursue this appeal.
  2. Given the short time limit to appeal a refusal suspension to the RMV, it is easy to lose your ability to appeal the breathalyzer refusal suspension and then to the District Court where your OUI case is being heard.

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.

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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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