Appealing Your License Suspension for a Breathalyzer Test Refusal

Where the Massachusetts Registry of Motor Vehicles has suspended the driver's license due to a chemical test or breathalyzer refusal, the driver may request a hearing a appeal the breathalyzer test refusal suspension with fifteen (15) days from the date of the suspension.

At the hearing, the Massachusetts Registry of Motor Vehicles hearing officer will consider three (3) issues at the hearing:
  1. Whether you were arrested;
  2. Whether the police officer or state trooper had a reasonable or sufficient basis to believe that you were operated a motor vehicle while under the influence of alcohol; and
  3. Whether you / the operator refused to submit to a breathalyzer or chemical test analysis.

If the hearing officer at the Registry of Motor Vehicles denies the appeal, the person is entitled to appeal the denial and further petition the district court where the charge(s) reside and seek to have the Registrar's decision reversed.

A person who has had their driver's license suspended for a chemical test or breathalyzer test refusal cannot obtain a hardship license. 

Contact Massachusetts DUI / OUI Lawyer Lefteris K. Travayiakis at 617-325-9500 or Submit Your Case Information Here to schedule a Free Consultation.