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Massachusetts Breathalyzer refusal penalties can be harsh and confusing, especially with the enactment of Melanie's Law. The stiff Mass. breathalyzer refusal penalties were designed to encourage people to produce evidence against themselves by forcing them to either take the breath test or suffer through a substantial license suspension. However, breathalyzer refusal evidence cannot be used against you at any DWI trial. Breathalyzer refusal license suspensions go into effect immediately at the time of the refusal and you only have 15 days, including weekends and holidays, to challenge the following aspects of the refusal suspension: (1) whether the police officer had reasonable grounds to believe you had committed the crime of DWI, (2) were you placed under arrest, and (3) did you refuse to submit to a breath or blood test or analysis. To challenge these aspects of the refusal, your appeal must be filed with the RMV in Boston within 15 days. Contact Attorney Brian E. Simoneau for more information.
Massachusetts uses a sliding scale to determine the length of breathalyzer refusal penalties. Under the Massachusetts breathalyzer refusal law, if the person refusing the breathalyzer is over 21 years of age with no prior DWIs on his or her record, the person's license will be automatically suspended for 180 days. It may be possible to get a hardship license during this 6 month refusal suspension.
If you were under 21 years of age at the time of your breathalyzer refusal or if you have one previous DUI conviction anywhere, either in Massachusetts or in another state, your license will be suspended for 3 years for the breathalyzer refusal.
With 2 previous drunk driving convictions, your license will be suspended for 5 years for refusing the breathalyzer in Massachusetts. Remember, out of state convictions count.
With 3 prior DWI convictions, if refuse the breathalyzer, your license will be automatically revoked for life, with no ability to get a hardship, work, or Cinderella license.
When determining the number of prior DUI convictions for breathalyzer refusal purposes, there is a lifetime look back period. This means that even an OUI from 1970 could result in a long license chemical test refusal (CTR) license suspension today.
Attorney Brian E. Simoneau has achieved outstanding results in challenging breathalyzer refusal suspensions at the Board of Appeal and Court levels. If you are facing a Massachusetts breathalyzer refusal suspension, please contact Attorney Simoneau at 508-656-0057 for a free consultation and review of your refusal case; it costs nothing and it may save your license.
Absent a Massachusetts 24D First Offender disposition, there is absolutely no ability to get a hardship license during a breathalyzer refusal suspension. You must serve the entire CTR suspension and part of the DWI suspension.
The Massachusetts Registry of Motor Vehicles runs the breathalyzer refusal suspensions consecutively and not concurrently. This means that you must serve the entire breathalyzer refusal suspension first, then you start serving the DWI suspension. This stacking of suspensions can result in a very long period of no driving.
The good news is that it is possible to challenge breathalyzer refusal suspensions and win. Many lawyers believe that these challenges are a waste of time; they're not. Attorney Brian Simoneau has fought these suspensions and won. In order for a refusal suspension to be valid, the police must follow certain procedures and regulations; their failure to do this may allow you to get your license back. There are several winning legal strategies which can successfully combat 6 month, 3 year, 5 year, and even lifetime refusals. Attorney Brian Simoneau has restored his clients licenses in numerous refusal cases. Contact him today at 508-656-0057 to discuss your case.
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