If you are over the age of 21 and you refuse a breathalyzer in Massachusetts, your license will be suspended for at least 180 days and up to life.

If you are under 21 years old and you refuse a Massachusetts breath test, your license will be suspended for at least 3 years and up to life, plus you will face an additional period of suspension of at least 180 days up to 1 year pursuant to G.L. c. 90 § 24P.

Massachusetts Breathalyzer refusal suspensions go into effect immediately upon the person’s refusal to submit to the chemical test. No hardship licenses are authorized by law during the breathalyzer refusal suspension period unless the person who refused is legally qualified for a DUI first offender’s disposition, or second chance first offender disposition, and the DUI case was resolved under G.L. c. 90 § 24D.

If your license was suspended for refusing to take the breathalyzer in Massachusetts, you have the opportunity for a hearing any Monday through Friday, excluding state, federal, and Suffolk County holidays between 9:00 am and 3:00 pm. You only have 15 days from the date of your arrest. These hearings are held only in the Boston office of the Registry located at 630 Washington Street,  4th floor. Hearing requests at any other Registry branch will not be granted. Hearings are on a walk-in basis only. No extensions of the 15 day period following the arrest will be granted and no phone calls, e-mails or other communications with the Registry will change your right to a hearing.

By law, the Registry cannot issue any type of hardship, limited, or work license during the breathalyzer refusal period, and no hearing can be held on such requests, except if your case was resolved under G.L. c. 90 § 24D.

Massachusetts Breathalyzer refusal hearings are limited in scope to issues such as: did the police have reason to believe that you were operating under the influence on a public way or right of access, were you placed under arrest, and did you refuse. In order for you to have refused, the police must have informed you of your rights and the consequences of refusing. Also, refusals must be properly and sufficiently documented. If the police fail to document the refusal in a certain way, you can have the refusal suspension vacated.

In certain limited cases, it may be possible to challenge a breathalzyer refusal suspension outside of the 15 day period. Contact Attorney Brian E. Simoneau at 508-881-1119 or via e-mail: brian@simoneau.com to find out how.

There are 64 ways to lose your license in Massachusetts and there are two sources of hardship licenses in Massachusetts, the Registry of Motor Vehicles or the Board of Appeal. The Registry issues hardship licenses for the following license suspensions: operating under the influence, habitual traffic offender revocations and drug offenses.

If your license was suspended for other reasons, or if the Registry of Motor Vehicles denies your hardship license appeal, you have the right to seek a hardship license from the Board of Appeal of the Massachusetts Division of Insurance. The Board has the power to reverse, modify, and annual the Registry’s decisions. The Mass. RMV Board of Appeal can also provide hardship licenses is cases where the Registry of Motor Vehicles cannot. For example, suspensions for 7 surchargable events, false license, operating on a suspended license, operating to endanger, and driving an uninsured motor vehicle can be appealed to the Board for hardship license consideration. The Board can also consider issuing hardship licenses for other Massachusetts license suspensions.

There are some situations where the Board generally does not grant hardship licenses. These include NDR suspensions, non-payment of child support suspensions, immediate threat revocations, chemical test (breathalyzer) refusal suspensions, and payment default suspensions. The Board will also not issue hardship licenses for ignition interlock violation suspensions. The Board of Apeal will also generally not waive license reinstatement fees or any Registry alcohol or educational program requriements.

If your Massachusetts license was suspended or revoked, and your are interested in getting a hardship license, contact a Massachusetts suspended license attorney at 508-881-1119 for a free consultation and case review.

Melanie’s Law allows the District Attorney’s Office to seize the vehicles of 4^th or subsequent DUI offenders. Vehicles of DUI repeat offenders which are forfeited under this law can be used for law enforcement purposes or sold and the proceeds can be used by law enforcement or deposited into a Operating Under the Influence Deterrent Trust Fund. The goal of the vehicle forfeiture provision of Melanie’s Law is to enhance public s safety by taking the vehicles of Massachusetts OUI repeat offenders.

The Worcester Telegram reported yesterday that police will use this law to take the vehicle of a man who claimed to have the “DUI Crown.” The alleged drunk driver bragged, albeit falsely, about holding the record for operating under the influence arrests. Although his claim proved to be untrue, police are attempting to establish that he had 3 prior DUI convictions, which would allow them to begin vehicle forfeiture proceedings.

In the news article, a spokesperson reported that a Mass. Registry hearings officer once handled a case where the driver had 14 DUI convictions.

The Brockton Enterprise reported that an unannounced inspection conducted by Massachusetts Registry of Motor Vehicles revealed that Brockton school children were being transported by unlicensed drivers in uninspected buses, some with bald tires. The vehicles found in violation were mostly vans used by private contractors to transport disabled children. Of the 85 vehicles inspected, 52 were found to be in violation. Offenses include drivers not having the required 7D license, vans being overloaded, uninspected vehicles, equipment violations such as bald tires, and drivers using cell phones.

The Registry has been very proactive in insuring the safety of school children by conducting these inspections and a statewide enforcement campaign known as the "Yellow Blitz."

As a result of an investigation by WBZ's I-Team, the Massachusetts Registry of Motor Vehicles suspended the license of a Suffolk County Corrections Officer who repeatedly parked illegally in designated handicapped parking spaces outside of the Spaulding Rehabilitation Hospital in Boston. On its website, the Registry now has an electronic form to report handicapped placard abuse.

The man whose license was suspended denied handicapped individuals the use of designated parking spaces by repeatedly using a placard that was issued to someone else. This is a crime in Massachusetts.

The Massachusetts Registry of Motor Vehicles currently conducts ignition interlock violation hearings on the third floor of its Boston location. Massachusetts Ignition Interlock Device users are notified of potential violations by the Registry’s interlock unit. Notification is made in writing and mailed to the interlock user’s address on file with the RMV. The most common ignition interlock violations are failed rolling re-tests, where the ignition interlock device (IID) records a reading of .02 or above. Violation notices are also sent out for missed rolling re-tests, tampering, circumvention, and failing to have the IID inspected, maintained, or monitored.

Prior to the hearing, the driver is notified of the date, time, and type of the alleged interlock violation, along with the alcohol readings. Individuals accused of ignition interlock violations are allowed to file discovery requests to obtain the interlock printouts from the Registry’s interlock unit. Those scheduled for hearings are also allowed to submit a hearing memorandum or other documentary evidence. The Registry must receive these items at least three (3) business days prior to the hearing. It will be included in the hearing package and made part of the official hearing record. This is critical because, in the event of an appeal, the evidence and legal arguments will be part of the appeal.

Massachusetts Ignition Interlock Device Violation Hearings are recorded. An experienced Registry hearing officer presides over the hearings. Interlock hearings begin with a Registry official explaining the charges and alcohol readings which support them. Next, the alleged violator or his attorney is allowed to make an opening statement. The Registry Hearings Officer will then ask questions regarding the alleged violations. Finally, the hearing will be closed and the hearing officer will take the case under advisement. A decision will be rendered and sent to the alleged violator within 10 business days.

The Registry routinely suspends licenses of interlock violators for 10 years or lifetime. Many believe that the RMV will afford them the “benefit of the doubt” and not revoke their license, only to be shocked to learn of a 10 year or lifetime license suspension.

Interlock violation hearings are serious and legal representation can make the difference between winning or losing and having your license revoked. I am a subject matter expert in Massachusetts Ignition Interlock Device Regulations, Laws, and Procedures. I have an outstanding track record of success at all levels of the interlock hearing process. If you have been accused of a Massachusetts Ignition Interlock Violation, contact me today for a free consultation.

There are several issues which may prevent the Massachusetts Registry of Motor Vehicles or the Board of Appeal from hearing your hardship license case. One of the most common “show stoppers” is an active National Driver Registry (NDR) revocation. A NDR suspension or revocation will appear on your Massachusetts Driving Record when another state has placed a “hold” on your license through a nationwide database of driver’s license information called the National Driver Registry or NDR. The purpose of the NDR is to prevent drivers from getting licensed in one state to avoid a suspension or revocation from another state. Without the NDR, drivers could avoid consequences and financial responsibility by getting licensed in other states. Before the NDR and interstate compacts, if a driver was suspended or revoked in New Hampshire, for example, he or she could simply apply for a license in Massachusetts. Now, with the NDR, the general rule is that if you are suspended or revoked in any state, you cannot be licensed anywhere.

The Board of Appeal does not override or vacate NDR license suspensions because, to do so, would undermine the NDR system. Instead, the Board requires that hardship license applicants clear the NDR suspension by going through the Mass. Registry’s NDR suspension clearance process. Alternatively, it is possible to present the clearance documents directly to the Board of Appeal at the time of the hearing, so that the Board will hear the hardship license case. However, the Board will only rule on the Massachusetts license suspension or revocation and the Registry will not reinstate the license, even if the applicant is successful at the Board of Appeal, unless and until the NDR clearance process is completed.

Because of this NDR and other “show stoppers” it is important to have an attorney thoroughly review your driving record prior to your Board of Appeal hearing. Otherwise, the Board may refuse to hear your case until any other outstanding issues are resolved. To avoid embarrassment before the Board, and increase your chances of success, your driving record should also be carefully reviewed for unpaid parking tickets, traffic citations, excise tax, child support, and several other important issues. 

If you are interested in representation in a Massachusetts Hardship License Appeal, please contact Attorney Brian E. Simoneau.

In Massachusetts Hardship License cases involving breathalyzer refusal suspensions, both the Registry of Motor Vehicles and Board of Appeal generally require that a hardship license candidate serves both the entire chemical test refusal suspension and the required minimum waiting period for the OUI suspension.

As background, Massachusetts DUI Law requires 2nd offenders to serve one (1) year of the DUI suspension, OUI 3rd offenders must serve two (2) years of the DUI license suspension, and 4th offenders must serve five (5) years of the OUI suspension. Additionally, 2nd offenders who refuse the breathalyzer will be suspended for 3 years, 3rd offenders will be suspended for 5 years, and 4th offenders will be suspended for life. These breathalyzer refusal suspensions automatically run from the moment of refusal and any DUI suspension does not start running until after the breathalyzer refusal suspension is served. Stated differently, breathalyzer refusal suspensions run consecutively and not concurrently with OUI suspensions. 

For example, if a hardship license applicant has one prior DUI conviction, his license will be revoked for three (3) years for the breathalyzer refusal and two (2) years for the DUI conviction. The Board of Appeal and Mass. RMV would therefore require that the applicant serve the full three (3) years of the breathalyzer refusal suspension and one (1) year of the DUI suspension, for a total of four (4) years, prior to considering the applicant for a hardship license. As I explain herein, this is legally incorrect. The applicant is entitled for hardship consideration immediately after completing the 3 year breathalyzer refusal suspension.

The DUI Hardship License Law clearly states that 2nd offenders are eligible for consideration 1 year after conviction and 3rd offenders can apply 2 years after conviction. Therefore, in cases where the hardship license applicant serves either a 3 or 5 year breathalyzer refusal suspension, he or she can legally be considered for a hardship license immediately upon the termination of the refusal suspension.  There is absolutely no legal requirement that the hardship license candidate serve additional suspension time. This is the case because the breathalyzer refusal suspension would be over, as the law requires, and the hardship appeal would be filed more than 1 year after conviction for 2nd offenders and more than 2 years after conviction for 3rd offenders.

Additionally, it may be possible to successfully challenge the breathalyzer refusal suspension, so that a hardship license or the reinstatement of a full license can be obtained. Please contact me to find out about this.

Finally, it is important to note that the granting of a Massachusetts Hardship License is far from automatic, especially in 2nd, 3rd, and 4th offender cases. Both the Mass. RMV and the Board of Appeal are reluctant to put drivers on the road who have had multiple OUI incidents on their records. The more time served, the better the chances are that the Board of Appeal or the Registry will grant hardship relief. Therefore, even if a candidate is legally entitled to hardship consideration, depending on the particular facts and circumstances of the case, it may be advisable to serve additional time before filing for a Hardship License Hearing. This will depend on a variety of factors regarding risk to public safety, likelihood of recidivism, and need to drive. Please contact me if you have any questions regarding this important topic.

A little known feature of Melanie’s Law makes it a crime to knowingly allow a vehicle which you own or control to be driven by someone whose license has been suspended or revoked. Melanie’s Law also makes it a crime to knowingly allow someone with an ignition interlock restricted license to drive your vehicle if it is not equipped with a certified alcohol ignition interlock device.

The Mass. RMV can suspend, for up to one year, the registration of the vehicle which was improperly driven by the suspended or revoked driver or the license of the vehicle’s registered owner or the person who controlled the vehicle. The Massachusetts Registry of Motor Vehicles has been taking action against licenses and registrations under this little-known law.

If you are the registered owner or person in control of a vehicle which is being driven by someone with a suspended or revoked license, you risk fines, jail time, and a suspension of your license and the vehicle’s registration. Likewise, if you allow someone to circumvent the Registry’s ignition interlock requirement, by driving a non-interlock equipped vehicle which you own or control, you may also face these harsh penalties.

If you have received a citation for a criminal automobile law violation in Massachusetts such as operating after suspension, reckless driving, operating to endanger, leaving the scene of an accident, driving without a license, operating after revocation, or driving an uninsured motor vehicle, you only have 4 days to request a clerk-magistrate hearing.

If the “criminal complaint application” box on the front of the citation is checked, to get a hearing on the question of whether criminal charges will be issued against you, you must get the citation to the court with in 4 days of the violation date. If you are requesting a clerk-magistrate hearing, which is highly recommended, you should sign and date the back of the ticket and sent it to the court address appearing on the front. You can not use the envelope which the officer may have given to you. The ticket must get to the court, and not the Registry of Motor Vehicles, within 4 days of issuance.

If you are interested in appealing the criminal citation to a clerk-magistrate, it is absolutely critical to get the ticket to the court within the 4 day period. The ticket will serve as your application for an appeal. If you do not file this within the required time period, you will generally give up your right to a hearing and your criminal motor vehicle law violation case will proceed to arraignment, the next step in the criminal court process.

If you have questions regarding this important legal issue, contact a Suspended License Lawyer for a free consultation.