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When your driver’s license is suspended for breath test refusal

While public transportation may be an option in some circumstances, the demands of your life in Massachusetts may require you to be able to drive yourself and others around Boston. However, if you have refused to take a breath or chemical test when pulled over by a law enforcement officer, he or she is not likely to consider your transportation needs. We at the law office of Attorney John B. Seed have assisted many people who have lost their driver’s licenses in this way.

The Massachusetts Registry of Motor Vehicles explains that a breath test refusal does not result in a criminal charge, but the moment you refuse, you automatically lose driving privileges. Fortunately, there are conditions under which you may appeal your driver’s license suspension or revocation. In a hearing at the Boston RMV Office, you may challenge it by stating that the officer did not arrest you, that you never refused to take the test or that you were arrested, but there were no reasonable grounds for it.

You have 15 days to go to an RMV hearing after your refusal or alleged refusal, and taking this step may be your best recourse to fight the loss of your license. It becomes particularly important if you have had a previous conviction for operating under the influence. If you already have one, and you refuse the test, you could be facing a three-year suspension, while two prior convictions could earn you a five-year suspension. Three or more OUIs could result in permanent revocation of your license. More information about driver’s license suspension and revocation is available on our web page.

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