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In this video, Massachusetts OUI Lawyer Michael DelSignore explains what happens when you refuse a breath test in Massachusetts and how you can get your license back.

Transcript
So, this is a suspension you get when you refuse a breath test, you get an automatic suspension. You can appeal it, but you have 15 days to appeal it.

We go to courts from Worcester and Newburyport, Barnstable, Attleboro, Fall River, Brockton, Dedham, Stoughton. You name the court, I've been there, and I've defended somebody charged with an OUI. And in many cases, I've done a breath test refusal appeal from that court.

First of all, let's talk about how long is the suspension? Well, for your first offense, it's a 180-day suspension. If you're under 21, it's a three-year suspension. If it's your second offense, it's also three years. If it's your third offense, you're looking at five years. And if you've had three prior convictions, it's a lifetime suspension for the refusal.

Now, if you have a CDL license, a second refusal also is a lifetime loss on your CDL. A refusal on a CDL first offense is a one-year suspension, so regardless of whether you're in your CDL vehicle.

So how do you appeal this suspension, and what's the process? So first you have to go to the RMV or contact them. In this current climate of COVID-19, you can do it by mail or fax.

So you fill out a refusal packet. And in that packet, it asks questions: Was there reasonable grounds to stop you? Did the officer have probable cause to arrest? Were you placed under arrest? And did you refuse a breath test?

Now, I generally have my clients fill out this information by just denying everything. The RMV, in my experience, is never going to give you your license back on these issues.

The one exception is if you tried to take a breath test, and you couldn't breathe into the machine. I've had cases where we presented documents showing that it wasn't your fault, but it was the fault of the machine.

So what happens is the RMV, in probably 99 out of 100 cases, is going to deny the appeal. I've filed countless appeals, and I've had two overturned by the RMV. So if you weren't placed under arrest, you were given a citation.

Otherwise, you're going to lose at the RMV, and you're going to have to appeal to the district court within 30 days. When you appeal to the district court within 30 days, then we would argue the legal issues before the court.

If it's denied, then the next level of appeal ... I usually don't appeal it beyond the district court. I have, maybe four times, where you can then appeal it to the Superior Court and then to the Supreme Court, which I haven't done yet. But that's the breath test refusal appeal.

Like I said, most of these suspensions are going to get upheld. There is a way, though, to get your license back on a refusal, prior to the suspension ending. And that's you've got to go to trial and win the case. The judge will often reinstate the license.

And sometimes I talk about an experience in my life when I was... When I was in high school, started ninth grade. My dad, a plumber. My mom, also working, worked at a jewelry store. So I didn't come from a background where my parents were always telling me about college and grade point averages.

And I went out with a group of sort of the smarter kids. I was on a date at the time. And I remember being at the restaurant, and they were talking about grade point average, class rank. And I remember thinking to myself, "Someone is keeping track of this stuff. I didn't know that there was a ranking system."

And then I learned about how a class rank worked, or if you were in an honors class, you'd get one level on your GPA. And I knew the scoring system, and it went off. And all of a sudden, I was a better student.

And it's that knowing how you're being scored, how you're being judged, is critical. So these officers, they're saying you failed a test you really didn't understand. You didn't know that the officer was going to look for every little thing to say you're drunk.

So consider fighting the case, going to trial. This is the breath test refusal process. If you have questions about that, feel free to contact me. My name is Michael DelSignore. I'm here to help. Never too early, too late to call. I love talking about OUI cases and helping people get their life back together. So call anytime, (781) 686-5924. And I'm here to help whenever you need it. You can call, text at that number.

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