Breathalzyer Refusal Appeal Hearings

mass_breathalyzer_refusal_lawyerUnder the so-called “Massachusetts Implied Consent Law,” drivers subject themselves to progressive administrative license suspension penalties each time they refuse to take a Breathalyzer test, after having been arrested for operating under the influence of liquor, when they have also had prior DUI convictions, no matter when or where any prior drunk driving convictions occurred.

Fortunately, drivers who are facing chemical test refusal suspensions have the right to appeal these suspensions to the Registry of Motor Vehicles, by attending Registry CTR hearings and appealing the revocations to the Board of Appeal. If your license was revoked because you refused to take a breath or blood test after being arrested for OUI, you can attend a CTR hearing between the hours of 9:00 A.M. and 3:00 P.M. within fifteen (15) days of your Massachusetts DUI arrest. Chemical Test Refusal hearings are ONLY conducted at the Boston Registry office, located on the fourth floor at 630 Washington Street. No appointment will be made; hearings are held on a walk-in basis only. You may appear and present any witnesses, documents, or other evidence you wish to have considered. There is no provision in the law for any extension of this time period, and no letter, phone calls, or other communications to the Registry will serve to extend this period beyond 15 days or to authorize a hearing at any location other than the Boston office of the Registry located at 630 Washington Street. You have the right to be represented by a lawyer at this hearing and legal representation is strongly recommended.
No hardship licenses are authorized by law during a breathalyzer refusal period of suspension, unless your criminal case has been properly disposed of pursuant to G.L. c. 90 § 24D, which allows for a “first offender” disposition, upon enrollment in the 24D Alcohol Education Program.  By law, this breathalyzer refusal suspension will be served consecutively with any other suspension arising out of the OUI charge.

In addition to appealing breathalyzer refusal suspensions to the Registry, within 15 days, you can also appeal the suspension to the Board of Appeal of the Division of Insurance and, if the Board rules against you, to Superior Court. When it comes to challenging breathalyzer refusal suspensions, I have extensive experience at all levels of the appeals process and I have obtained full license reinstatements for many of my clients. Fill out the contact form on this site for more information or call my office at 508-656-0057.