• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Mass. RMV Lawyer

Massachusetts License Suspension Appeals

  • DUI Suspensions
    • Massachusetts Drunk Driving Law
    • Mass. Breathalyzer & Chemical Test Refusal Suspensions
    • Breathalyzer Refusal Suspension Appeals
    • Massachusetts Breathalyzer Refusal Rights & Penalties
    • Breathalyzer Refusal / Chemical Test Refusal
      • Suspension Appeals for Constructive Breathalyzer Refusals
      • Chemical Test Refusal License Reinstatement Hearings
      • Appealing a 5 year Chemical Test Refusal Suspension
    • 2nd Offense DUI Suspensions
    • Melanie’s Law
      • Ignition Interlock Device Reinstatement Procedures
      • Rolling Re-test Violations in Massachusetts
      • Problems with Ignition Interlock Devices
      • Ignition Interlock Circumvention
      • Ignition Interlock Device Removal
      • Ignition Interlock Device Lockouts
      • Ignition Interlock Device Violations
      • Check your Eligibility for a Mass. Hardship License
    • Top MA Hardship License Lawyer
    • OUI Child Endangerment License Suspensions
    • OUI Defense
    • Tougher Mass. OUI & other Motor Vehicle Laws Proposed
    • Check your Eligibility for a Mass. Hardship License
    • Traffic Tickets
      • Request for Detailed Driving History Record
      • Speeding Citation Suspensions
      • Check your Eligibility for a Mass. Hardship License
  • Out of State & NDR Suspensions
    • A21 – DUI of Alcohol Suspensions
    • National Driver Register (NDR) Revocations
    • The National Driver Register (NDR)
    • Out of State DUI Suspensions for Mass. Residents
    • Out of State DUI Convictions
    • Mass. DUI Consequences for Non-Residents
    • Out of State License Revocations
    • A New York DWAI or DUI and your Massachusetts License
    • New York DWAI Suspensions
    • The National Driver Register & Out of State License Suspensions
    • National Driver Register License Suspensions
    • Out of State Suspensions & DUI Convictions
    • The Consequences of Getting a DUI in NH or Other States
    • Out of State DUI Suspensions & the Mass. RMV
  • Immediate Threat Suspensions
    • What is an Immediate Threat Suspension?
    • I wrote the Book on Immediate Threat Suspension Appeals
    • Appeal your Immediate Threat Suspension
    • Immediate Threat Indefinite Revocations
    • Immediate Threat Revocations Are Constitutional
    • Massachusetts Immediate Threat Indefinite Revocations
    • Immediate Threat Indefinite Suspensions
    • Complaint Immediate Threat Indefinite Suspensions: MV Violation Required
    • Elderly Drivers & “Complaint Medical” or “Immediate Threat” Suspensions
    • Fatal Accident Preliminary Suspensions
    • Updated Immediate Threat Information
    • Negligent Operation
  • Board of Appeal
    • Appeal your License Suspension
    • Massachusetts RMV Board of Appeal
      • Surcharges, Citations, & Insurance
    • The Division of Insurance Board of Appeal
    • Board of Appeal Hearing
    • Get Your Suspended MA License Back
    • Get a Hardship License from the Mass. RMV or the Board of Appeal
    • Board of Appeal & RMV Hearings: Your Last Chance to Present Evidence
    • Not Hiring a Lawyer for your Board of Appeal Hearing is not Smart
    • Hardship License Appeal Process
    • Check your Eligibility for a Mass. Hardship License
    • More Board of Appeal Information
  • CDL Revocations
    • CDL License Suspension Penalties
    • Commercial Drivers License Suspensions
    • Mass. CDL Suspensions & Disqualifications
    • CDL Disqualifications & Revocations
    • Mass. DUI Commercial Drivers License (CDL) Penalties
    • Tough Penalties for CDL Holders in Massachusetts
    • Latest CDL News & Information

Tough Penalties for CDL Holders in Massachusetts

You are here: Home / Massachusetts Registry News / Tough Penalties for CDL Holders in Massachusetts

Posted on November 26, 2016

Both Massachusetts and Federal Laws impose severe penalties for truck drivers who violate DUI and breathalyzer refusal laws. These laws can result in a lifetime commercial driver’s license revocation which may be extremely difficult to reverse, even at the Massachusetts Division of Insurance Board of Appeal or in court.

For example, if you have a prior drunk driving conviction and you refuse to submit to a breath or blood test, after being arrested for operating under the influence of alcohol many years later, you will have a lifetime Commercial Driver’s License (CDL) revocation. This is because two events, such as a DUI or a refusal, not arising out of the same incident, will automatically trigger a lifetime CDL disqualification and revocation.

G.L. c. 90F, §9(B), which is a Massachusetts state statute applicable to CDL holders, enacted pursuant to Chapter 246 of the Acts of 1990, provides for lifetime disqualification penalties for any CDL holder who has two or more OUI offenses or two or more chemical test refusals, or any combination thereof, arising from two or more separate incidents. This Commercial Driver’s License Suspension is consistent with federal regulation 49 CFR §383.51, the purpose of which is to increase highway safety by removing certain drivers from the roadways. The Massachusetts and Federal regulations are consistent with the Commercial Motor Vehicle Safety Act of 1986 which is federal legislation governing commercial driver’s licenses. This law standardizes the penalties for drunk driving and breath test refusals when it comes to CDL holders.

The Board of Appeal has been upholding the lifetime CDL revocations even when a driver has a reinstatement order from a judge. The Board has taken the position that the early restoration order applies only to a Class D passenger car license and not a CDL. This interpretation has been upheld in Superior Courts.

Related Articles

  • CDL License Suspension Penalties
  • Commercial Drivers License Suspensions
  • Mass. CDL Suspensions & Disqualifications
  • CDL Disqualifications & Revocations

Filed Under: Massachusetts Registry News

Primary Sidebar

Attorney Brian E. Simoneau
550 Cochituate Road, Suite 25
Framingham, MA 01701-4683 (map)
Call or Text: 508-656-0057
Fax: 508-302-0212

Contact Us

  • This field is for validation purposes and should be left unchanged.

Recent Posts

  • Undocumented Immigrants will get MA Driver’s Licenses
  • Unreliable Ignition Interlock Device Readings
  • Ignition Interlock Violation Suspension – Keep it in or Remove it ?
  • Reciprocal License Suspensions in MA
  • The PA Accelerated Rehabilitative Disposition (ARD) Program
  • B51 – Expired / No License Suspensions
  • Appeal your W72 Immediate Threat Suspension
  • JOL Speeding Suspensions
  • Washer Fluid Causes Ignition Interlock Violations

Let’s work together to get you back on the road, legally.

Contact us today regarding your Massachusetts License Suspension or Revocation.

Get Your License Back

Contact Us

  • This field is for validation purposes and should be left unchanged.

Footer

Disclaimer

Mass. RMV Lawyers is not a government agency or affiliated with the Massachusetts Registry of Motor Vehicles or any DMV. You can reach the suspension section of the Mass. RMV at 857-368-8200 and you can reach the Mass. Board of Appeal at 617-521-7794.

Contact

Brian E. Simoneau, Esq.
550 Cochituate Road, Suite 25
Framingham, MA 01701-4683
(508) 656-0057
attorney@rmvappeal.com

Recent Posts

  • Undocumented Immigrants will get MA Driver’s Licenses
  • Unreliable Ignition Interlock Device Readings
  • Ignition Interlock Violation Suspension – Keep it in or Remove it ?
  • Reciprocal License Suspensions in MA
Call Us
Text Us

Copyright © 2022 · WordPress website customization by Anything Graphic. Nav Map