EFFECTIVE  October 29, 2005 Refusal suspensions for multiple offenders has changes as a result of Melanie’s Bill.

THERE IS NO HARDSHIP LICENSE FOR BREATH TEST REFUSAL SUSPENSIONS. 

REFUSAL SUSPENSIONS CANNOT RUN CONCURRENT WITH ANY CONVICTION OR ADMISSION SUSPENSION, THIS IS A BIG DEAL NOW FOR A PERSON CHARGED WITH A MASSACHUSETTS DRUNK DRIVING CASE, ESPECIALLY MULTIPLE OFFENSES.

IF YOU WIN YOUR CASE WITH A DISMISSAL OR NOT GUILTY, UPON ORDER OF THE COURT YOUR LICENSE WILL BE REINSTATED.  THIS IS AN INCENTIVE TO FIGHT YOUR CASE.

In Massachusetts, if you refused the breath or blood test your license will be suspended for 180 for a first offense, Three (3) years for a second offense, Five (5) years for a third offense and a LIFETIME suspension for a fourth offense.

In Massachusetts, if you failed the breath or blood test, your license will be suspended for 30 days, regardless of prior offenses.

If you refused the breath test, there is a way to try and get your license back but you only have a limited time.  It is advisable given the recent changes resulting from Melanie’s Bill to challenge your refusal suspension.

·         You have 30 days from the date of your 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 is 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 should not try this appeal on your own, you need a lawyer who has experience in Massachusetts drunk driving law and who knows how the Registry works and what to look for 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 most definitely not get your license back. It is not a waste of time to our lawyers and is certainly worth the effort given the minimal inconvenience the appeal requires. Contact us.