Refusing Breah Test
Those who are stopped at a roadside police check, or who have been stopped by an officer on a Massachusetts roadway may refuse to take the breathalyzer test. There are many good reasons not to take the test. However, refusing the breathalyzer test means your license will be suspended immediately and you will need to appeal to get it back. You need to launch an appeal process right away in order to request a hearing before the (RMV) Registry of Motor Vehicles in order to contest the license suspension.
The Massachusetts Registry of Motor Vehicles will not issue work or daytime hardship licenses for breath test refusal suspensions. You will either get your drivers license returned to you or you may not get it back at all. It is worth it to launch the appeal process in the District Court since permanent loss of your license may not be an acceptable option for you. A good MA OUI lawyer can help you understand your rights and the consequences of your decisions.
The recent amendment to the per se law includes this provision: If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the Commonwealth shall be suspended for at least a period of 180 days up to life.
Any person who is under the age of 21 or who has been previously convicted of a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; and provided further, that any person previously convicted 2 times for a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 5 years for such refusal.
Finally, any person previously convicted 3 or more times for a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended for life.
If you live in the following MA localities, we may be able to represent you in your OUIcase: Norfolk, Barnstable, Bristol, Plymouth, and Middlesex counties, and the towns of Middleboro, Dorchester, Dorchester Heights, Brockton, Stoughton, Easton,
Whitman,Quincy, Abington, Holbrook, Chelsea, Canton, Cambridge, Brookline, Revere,
Braintree,Bridgewater, Avon, Mansfield, Lowell, Kingston, Hanson, Franklin, Foxborough,Raynham, Framinghham, Pembroke, Rockland, Newton, Halifax, Weymouth, Whitman,Sharon, Milton, and Walpole.