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BREATH TEST REFUSAL AND HEARINGS


Any person who refuses to submit to a chemical test has 15 days from the date of the offense to appeal to the Registry of Motor Vehicles to challenge their refusal. The issues to be addressed are as follows: 1) were you arrested; 2) did the officer/trooper have reasonable grounds to believe that you were under the influence of alcohol; and 3)  did you refuse to submit to the chemical test or analysis.

NOTE:   There is no hardship eligibility on your chemical test refusal suspension

Given the enhanced penalties under Melanie’s Bill for refusing the breath test on multiple drunk driving offenses it is advisable to challenge your refusal suspension.

  • You have 15 days from the date of your drunk driving arrest to appeal your license suspension
  • As stated above, the Massachusetts Registry of Motor Vehicles does not give work or daytime licenses for breath test refusal or breath test failure suspensions. You either get it back completely or not at all.
  • The first step is at the Registry of Motor Vehicles where we conduct a brief hearing, which is frequently denied, but is unfortunately a necessary procedure.
  • Assuming the Registrar denies our hearing appeal, the second step is to petition the District Court where you were arraigned to reverse the Registrars' decision. (This is where our office has the opportunity to get your license back).
  • The appeal can be somewhat technical in nature. When you were brought back to the police station after your arrest and booked, the officer or trooper is supposed to complete some forms pursuant to procedures set forth by the police department and the Registrar. This paperwork is sometimes not completed in the proper form or not completed at all. You just need to know where to look in these forms.
  • Most lawyers will tell you trying to get your license back is a waste of time. One thing is for certain, if you do not try, you will definitely not get your license back. It is not a waste of time to me and is certainly worth the effort given the minimal inconvenience the appeal requires.  

James M. Milligan
Attorney At Law
80 Washington Square, Bldg J. Norwell, MA 02061
(866) 768-5297
www.massrmvattorney.com