Breathalyzer Refusal & Chemical Test Refusal

In Massachusetts, refusing to take a breathalyzer or chemical test following an OUI (Operating Under the Influence) arrest results in an automatic license suspension by the Massachusetts RMV. If you are facing a breathalyzer refusal suspension, it’s essential to understand the consequences and your legal options.

Immediate License Suspension for Refusal

Refusing a breathalyzer or chemical test triggers a license suspension that can last anywhere from six months to a lifetime, depending on your previous OUI offenses. The RMV imposes these suspensions automatically, and they are separate from any penalties related to the OUI charge itself.

Suspension Periods for Breathalyzer Refusal:

First OUI Offense: 180-day suspension
Second OUI Offense: 180 days to life
Third OUI Offense: 5-year suspension
Fourth OUI Offense: Lifetime suspension
Drivers under 21: 3-year suspension for a first refusal

Consecutive Suspensions

The penalties for refusing a breathalyzer are served in addition to any OUI-related suspension. For instance, if you refuse a breathalyzer after a second OUI, you’ll face a 3-year chemical test refusal suspension and a 2-year OUI suspension, totaling 5 years.

What to Do After a Breathalyzer Refusal

If you have refused a breathalyzer test, you must act quickly to protect your driving privileges. You have the right to challenge the suspension, but you must do so within strict time limits.

How to Appeal a Breathalyzer Refusal Suspension

You have 15 calendar days from the date of your suspension to request a hearing at the Registry of Motor Vehicles. At this hearing, the RMV will review three main issues:
1. Whether the officer had reasonable grounds to believe you were operating under the influence.
2. Whether you were placed under arrest.
3. Whether you refused the breathalyzer test.

The hearing will be held remotely, and you must attend in person to file the appeal at the RMV’s Haymarket Service Center. Skilled legal representation can be crucial in navigating this process.

District Court Appeal for Chemical Test Refusal Suspension

If the RMV does not restore your license after the initial hearing, you can appeal the decision to the district court. This appeal must be filed within 30 days of the RMV’s decision. An attorney can guide you through this process and help present your case in court.

License Reinstatement After Winning Your DUI Case

If you win your DUI case, you are entitled to request a license reinstatement. However, the breathalyzer refusal suspension does not end automatically with a not-guilty verdict or case dismissal. Instead, you must file a motion with the court, and the judge will decide whether reinstating your license poses a public safety risk.

There is a presumption in favor of returning your license, but the District Attorney’s office may argue against it. Proper legal preparation is essential to successfully restore your driving privileges.

CDL Suspensions for Breathalyzer Refusal

Commercial drivers face additional consequences if they refuse a breathalyzer test. Even if you were not driving a commercial vehicle at the time, a refusal can lead to a separate CDL suspension. Multiple refusals or DUI convictions can result in a lifetime revocation of your CDL.

Seek Legal Help for a Breathalyzer Refusal Suspension

Breathalyzer refusal suspensions are serious, but they can be challenged. At The Law Office of Brian Simoneau, we understand the complexities of Massachusetts RMV laws and have helped many drivers reduce or eliminate their breathalyzer refusal suspensions. If you are facing a suspension, we offer a free review of your case.

Don’t wait—contact us today to explore your legal options and protect your right to drive.