by Attorney Brian E. Simoneau
23. December 2011 06:19
In accordance with G.L. c. 90 § 24(P), the Registry imposes administrative license suspensions for those under 21 years of age, for refusing a breathalyzer or taking a breathalyzer and registering a blood alcohol percentage of .02 or greater. Some drivers who have not been charged with DUI or any related offenses may apply for a waiver of this additional 180 day suspension by entering and completing a department of public health approved driver alcohol education program for youths.
You may obtain the name and location of the program nearest you by calling the Massachusetts drug and alcohol hotline at (617) 445-1500. You must provide written proof that you have entered completed the course at a hearing at the registry of motor vehicles.
This suspension is separate and distinct from any suspension that the court may order in the future as a result of any operation under the influence charge that you may be facing, and from any other suspension issued by the Massachusetts RMV.
The Registry of Motor Vehicles will run this administrative breathalyzer failure or refusal suspension concurrently with other suspensions. This means that, should a suspension be ordered by the court before this chemical test refusal or failure suspension has been completed, the remaining time on this suspension will be served after the suspension by the court has been completed.
This administrative breathalyzer refusal / failure suspension is imposed pursuant to G.L. c. 90 § 24(P), regardless of the outcome of any criminal charges that may have been filed.
If the RMV has suspended or revoked your license for a breathalyzer refusal, you may be able to appeal the suspension and get your license reinstated. Complete the contact form on this site for more information.
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