Breathalyzer Refusal Suspension Appeals

Massachusetts Breathalyzer Refusal Suspensions and Appeals

When facing a breathalyzer refusal suspension in Massachusetts, understanding the process and your legal options is essential. At The Law Office of Brian Simoneau, we are here to guide you through every step of the suspension and appeal process to protect your driving privileges.

Refusing to take a breathalyzer test after being arrested for operating under the influence (OUI) can result in serious consequences. Under Massachusetts law, refusal triggers an automatic license suspension by the Registry of Motor Vehicles (RMV). This suspension is separate from any penalties related to the OUI charge itself.

For drivers under 21, refusing a breath test results in an automatic 3-year suspension for a first offense.

The Breathalyzer Refusal Suspension Appeal Process

You have the right to appeal a breathalyzer refusal suspension within 15 days of your arrest. This appeal must be filed at the Haymarket RMV Service Center in Boston, where a Registry hearing officer will review your case. At this hearing, the officer will focus on three key factors:

Did the officer have reasonable grounds to believe you were operating under the influence?
Were you placed under arrest?
Did you refuse the breathalyzer test?

If any of these factors are not met, you may have grounds to overturn your suspension. However, if the RMV upholds your suspension, you still have the option to appeal the decision to the district court.

Preparing for a Registry Hearing

Registry hearings are critical in determining whether your suspension will be upheld or overturned. While the hearing is brief, thorough preparation is essential. You’ll need to present written evidence, and it is often beneficial to have legal representation to ensure that your rights are fully protected. Our firm is highly experienced in presenting strong defenses and successfully challenging the RMV’s decisions.

Appeals in District Court

If your appeal is denied by the RMV, you can file an additional appeal with the district court within 30 days of the RMV’s decision. This court appeal gives you another chance to challenge the suspension. At the district court, a judge will review the RMV’s decision and determine whether the suspension should be overturned. This process requires filing the proper paperwork and may involve presenting additional evidence to support your case.

Challenging a Chemical Test Refusal Suspension

It’s important to know that the RMV’s decision isn’t the final word. You can still fight a chemical test refusal suspension in court. In cases where the OUI charge itself is resolved in your favor—such as through a not guilty verdict or dismissal—you can request a court hearing to reinstate your license. Massachusetts law provides that the judge can lift the suspension unless the Commonwealth shows that doing so would endanger public safety.

The timeline for these court hearings is crucial. You should request the hearing immediately after your OUI case is resolved, and the judge presiding over your OUI trial must hear the motion for reinstatement. With proper representation, you can effectively argue for the restoration of your driving privileges.

Hardship Licenses and Suspensions

Massachusetts law does not allow drivers to obtain a hardship license during a breathalyzer refusal suspension. This means that if your license is suspended due to refusal, you must serve the full suspension period before being eligible to apply for any type of limited driving privileges. However, once the suspension period has ended, you may apply for reinstatement or a hardship license based on your specific situation.

Why Legal Representation is Important

Navigating the breathalyzer refusal suspension process can be complex. From the initial RMV hearing to district court appeals, there are many steps that must be followed precisely. A skilled attorney can review your case, help you prepare for hearings, and present the strongest defense possible to challenge the suspension.

At The Law Office of Brian Simoneau, we have extensive experience helping drivers fight breathalyzer refusal suspensions. We understand how the RMV operates, and we know the legal strategies that can make a difference in your case. Whether you’re facing a first offense or a lengthy suspension for multiple refusals, we can provide the guidance you need to seek a favorable outcome.

What to Expect in a Breathalyzer Refusal Hearing

The RMV hearing for a breathalyzer refusal suspension is administrative, meaning it focuses on the legal process rather than the criminal elements of your case. The hearing officer will not consider whether you were intoxicated at the time of your arrest; instead, they will determine whether the arresting officer followed proper procedure.

To prepare for the hearing, you should gather any evidence that could support your case, such as witness statements, medical records, or proof that you were not actually driving under the influence. You are also entitled to bring legal representation to the hearing to present your defense.

Breathalyzer refusal suspensions in Massachusetts carry severe penalties, but they are not set in stone. If you act quickly and follow the proper appeal procedures, you may be able to overturn the suspension and restore your driving privileges. The Law Office of Brian Simoneau is committed to helping drivers navigate the complex legal landscape of breathalyzer refusal suspensions, RMV hearings, and court appeals.