Understanding a Breathalyzer Suspension

If your license has been suspended in Massachusetts for refusing or failing a breathalyzer test, it’s important to understand the suspension duration and the reinstatement process.

  • A “failure” to take the test typically results in a minimum 30-day suspension.
  • A “refusal” to take the test typically results in a minimum 180-day suspension for a first offense.
  • Repeat offenses or prior OUI convictions can lead to significantly longer suspension periods.

Reinstatement Process

Once your suspension period is over, you’ll need to attend a virtual hearing with the Registry of Motor Vehicles (RMV) to reinstate your license.

Scheduling Your Hearing

  • Click on “Appointments”

  • Select “Make or Cancel a Hearing Appointment”

  • Follow the prompts and provide the required information.

  • Have any necessary documentation ready to upload during scheduling.

Preparing for Your Hearing

  • Gather all required documentation specific to your case.

  • The Hearings Officer may need to research and request additional documentation, which can take time.

  • For successful cases with no prior offenses, the reinstatement process is usually straightforward.

Unsuccessful Cases & Appeals

If your license reinstatement is denied, you have the right to appeal.

  • Pay the $50 appeal fee

  • Attend the appeal hearing (may be conducted via telephone)

Important Notes:

  • Appeal hearings are scheduled based on the order received and the length of the suspension/revocation.

Disclaimer

This summary was written using the most recent available information and may be subject to change (v20260204). Please refer to the RMV’s websites for the most recent information.

As always, please do not hesitate to contact our firm with any questions or concerns.

Sources

For More Information

Breathalyzer suspensions are often challenging for a motorist to deal with and endure. Nonetheless, the guiding principle is the defendant’s welfare, underlining the importance of the options at the Registry of Motor Vehicles and the Board of Appeals. If you’re facing a breathalyzer suspension and need your driver’s license reinstated, it can be crucial to seek the counsel of an experienced defense attorney to guide you through this complex process. For assistance, reach out to Coughlin Law Group at 617-758-8888 to explore your legal options today.

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