Week Following a Dedham OUI Arrest
In the week following a Dedham OUI arrest, you should contact an attorney to discuss the case from their perspective. An experienced OUI attorney can assess an appropriate course of action for their case. They research possible defenses to the case and to the license suspension if the person refused the breath test.
When the person did refuse the breath test, it is most important that they contact a lawyer as soon as possible because there is a short time to appeal the breath test refusal suspension.When May Someone's License be Suspended After an OUI
Generally, the person's license could be suspended in the week following a Dedham OUI arrest. It can be suspended for refusing a breath test or for taking and failing a breath test. When a person takes the breath test and they are under the limit, the prosecutor may still proceed with the case; but their license is still valid. If the person takes a breath test and the results are under 0.08, their license is not suspended.
There are some instances where a driver is involved in a car accident and taken to the hospital, so they do not technically refuse or fail a breath test. There are instances where the person's license is not suspended at that point.Likelihood of Challenging a License Suspension in Dedham
While a person has the right to challenge the suspension of their license in Dedham; there is not much of a challenge when the person failed the breath test. That issue must be addressed by a lawyer and does not affect the license suspension. However, a person can contest the chemical test refusal suspension. A person has 15 days to appeal the chemical breath test refusal suspension in Massachusetts. They must appear at the Massachusetts Registry of Motor Vehicles (RMV) within 15 days to contest the suspension.
At the hearing before the RMV officer, the person has three grounds on which to appeal the suspension. The person must show that (1) they were not placed under arrest; (2) the officer did not have reasonable suspicion to believe they were operating under the influence on a public way; and (3) the person did not refuse to take the breath test. Usually, the RMV upholds its decision to suspend the person's license. After the RMV's decision, the person has 30 days to appeal that to the Dedham District Court and has a hearing at the Dedham District Court to overturn the suspension.What is the Appealing Process?
To appeal a license suspension in Dedham, the first step is to go to the Registry of Motor Vehicles. It is important to note that certain suspensions have specific time periods. As soon as someone's license is suspended, they should contact an attorney to make sure they are still within the time period to appeal the suspension. The first step is to appear at an RMV location that has a hearings officer. The person makes their argument before the hearings officer.How to Handle Appeal Denials
Often, the hearings officer denies the person's request to overturn their suspension. However, there is another avenue to appeal the RMV's decision and that is the Board of Appeals. Once the RMV makes its decision, the person can file an appeal with the Board of Appeals. Generally, the hearing is a month after the person files the appeal notice. They can make an argument before the Board of Appeals about why their license should be reinstated.Understanding the Role of a Restricted License
A hardship license is only granted upon disposition of the case. The case must be resolved by way of plea or by a conviction. At that point, based on the length or the reason for the suspension, the person can go to the RMV. They must bring specific documents that prove they do have a hardship and they satisfied any the requirements of the court. The RMV may issue the individual a hardship license for a certain number of hours per day. Discuss this option with your attorney within the first week following a Dedham OUI arrest.