OTHER DUI/DWI RESOURCES

 Massachusetts License Suspension Laws

BREATH TEST FAILURES AND REFUSALS

Note: Operators under age 21 face additional penalties to the following under c.90,§24P (see elsewhere in these materials)

CHEMICAL TEST FAILURES:

A breath test of .08 for operators over age 21, or .02 for operators under age 21 incurs a 30 day suspension. Note: This suspension terminates at 30 days or with the disposition of the case, whichever is earlier.

CHEMICAL TEST REFUSALS:

Suspensions for Chemical Test Refusals increase when the operator has had previous OUI convictions within their lifetime. Contrary to the popular opinion, the enhanced suspensions are not based on previous refusals.

180 days: Operator over age 21 who refuses and has no prior OUI convictions

3 years: Operator over age 21 who refuses and has one prior OUI conviction or operator under age 21 with no or one prior OUI conviction.

5 years: Operator who refuses and has two prior OUI convictions.

Lifetime: Operator who refuses and has three or more prior OUI convictions

Effects of a Not Guilty / Dismissal

When the operator is under a 180 day (or more) suspension for refusing the test:

The finding does not automatically terminate the suspension, but there is a presumption that the license will be returned. The return of the license must be in writing and ordered by the judge.

 

 

 

 

 

*The American Bar Association has approved DUI Defense as a Board Certification Specialty. The certifying organization is the National College for DUI Defense.  The National College for DUI Defense is a private organization whose standards for certification are not regulated by the Commonwealth of Massachusetts