Lifetime CDL Revocation for Breathalyzer Refusal

I recently received this e-mail from a truck driver who was arrested for drunk driving in an unknown community in Massachusetts. On 3/12/12 I was arrested for an OUI. When I got to police station for the breathalyzer test, they told me that if I refused I would only lose my license for 180 days. I did have one back in 1991 they told me that it was not on my record anymore. I do have a lawyer and she…

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Clearing a NH Suspension Triggered by a Mass. Event

When an incident in Massachusetts causes the loss of your New Hampshire driver’s license or operating privileges, you are usually provided with 30 days within which to resolve the matter, before the indefinite New Hampshire suspension / revocation takes effect. You can prevent the loss of your driver’s license by clearing the out of state requirements and presenting the notification of reinstatement from the Mass. DOT to the New Hampshire Division of Motor Vehicles prior to the effective date of…

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New York Ignition Interlock Requirements

The New York Ignition Interlock Device Law, known as “Leandra’s Law,” became effective on August 15, 2010. This followed the interlock requirements of Melanie’s Law in Massachusetts, which became effective on January 1, 2006. Leandra’s Law, like Melanie’s Law, was enacted to enhance public safety by increasing the penalties for drunk driving. The NY IID Law requires anyone convicted of misdemeanor or felony DWI offenses under New York VTL §1192(2), (2-a) or (3), install and maintain an approved ignition interlock…

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Alcohol Program Completion Certificates in NH DUI Cases

If you are a Massachusetts resident or driver and you are convicted of driving under the influence in the State of New Hampshire, the Massachusetts Registry of Motor Vehicles will suspend your driver’s license as a result of the NH DUI conviction. Once you have served the required suspension time and you are clear with the Department of Motor Vehicles in New Hampshire, you can be considered for a Massachusetts Hardship License. However, in order to be considered for a…

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New Hampshire DUI Questions & Answers

Question: I received a DUI in the State of New Hampshire in October of 2012. I am moving to Massachusetts and am looking to find out how to get my license back, so I do not lose my job. Answer: MassDOT will not issue you a Massachusetts driver’s license if your license or right to operate is under suspension or revocation in any other state. Without this requirement, drunk drivers could simply move around to avoid mandatory DUI license suspensions. In…

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Connecticut DUI Triggers Massachusetts Suspension

Being a Massachusetts Resident or License holder and being charged with operating under the influence (OUI) or driving while intoxicated (DWI) in another state can expose the unlucky motorist to license suspension consequences in both the state where the DUI occurred and in Massachusetts. This is because the interstate compact requires motor vehicle departments across the country to notify the DMV in a driver’s home state whenever the driver is convicted of DUI or a “like offense,” meaning anything substantially…

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DUI Dismissed & License Still Suspended

Situation: I was arrested more than a year ago for operating under the influence in Massachusetts and I refused the breathylyzer. I had previous offenses (one dismissed and one CWOF) from 30 yrs. ago. My current OUI case was dismissed in September. However, after dismissing the charges, the judge would not reinstate license. I have a hearing date with the board of appeals to try and reinstate my license Answer: Unfortunately, the Division of Insurance Board of Appeal will not…

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Immediate Threat Indefinite Suspensions in Massachusetts

The Massachusetts Registry of Motor Vehicles is empowered to suspend the driver’s license or right to operate in Massachusetts of anyone who the Registry deems is an “immediate threat” to the motoring public. MassDOT can legally impose these immediate threat suspensions in some cases without grating the driver a hearing prior to the suspension. In these situations, you have a right to a hearing at the Registry of Motor Vehicles after the indefinite immediate threat suspension goes into effect and…

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The Pennsylvania ARD Program & Mass. DUI Cases

The State of Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program for those who are arrested for a first offense DUI.  One of the purposes of this DUI program is to allow qualified first offenders the ability to earn a “clean record” upon program completion. Participation in the program is not automatic and it is up to the District Attorney’s Office to agree to the ARD program. When DUI charges are dismissed after a drunk driving defendant completes the Pennsylvania…

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Reasons for Failed Rolling Re-Tests in Massachusetts

Ignition Interlock Devices are not scientific test instruments and unlike breathalyzers, they do not use infrared spectrometry to determine breath alcohol levels. Instead, ignition interlock devices use less reliable fuel cell technology. Therefore, ignition interlock devices are susceptible to false positive alcohol readings and rolling re-test violations. Baked goods which are prepared with vanilla extract and French Vanilla flavored coffee have been known to cause false alcohol readings. Likewise mouthwashes and toothpastes containing alcohols have also caused high alcohol readings…

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