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DUI In Massachusetts, I refused the breath test! 180 days suspension of license. Any chance to get this reduced?

Concord, MA |

Pulled over for failed to dim high beam on a dark road. Officer smelled alcohol, got me out did the field sobriety test in 29 degrees weather and I was under-dressed with a cold. I failed... and failed the non admissible breath test with a .28 I didn't see the actual number. Booked at the station and refused the admissible breath test. 180 days license suspension. I talked to my employer and they decided to keep me employed! They're good people! Is there any deal that I can get that would provide me any kind driving license back?

Attorney Answers 5


You MAY be able to get a Hardship License. This type of license would allow you to drive 12 hours out of the day (depending on your work/circumstances). Also, you will likely get additional time tacked on to the suspension if you plead guilty, or if you get a CWOF in the matter. If you do not have an attorney yet, contact one ASAP. Most of us will meet with you free of charge for the first consultation. If you have an attorney then ask him/her about this.
It sounds like there may be some grounds to fight the OUI charge.

Best of Luck

Law Office of Ilir Kavaja
30 Newbury Street
Boston, MA 02116

(617) 515-5545

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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Since this is your first offense OUI, there is little to no incentive to NOT fight it to trial. Upsides are that you might be found "not guilty" and thus no future record. Downside is that it will likely cost more in legal fees and you have the license suspension currently active, plus a possibility of a guilty finding. Regardless if you are found guilty or take typical 1st offender plea - the '24d' disposition is usually available to you. In this you pay a fine, have a loss of license for 45-90 days, have to engage in a alcohol program, etc. You are also eligible for a hardship license (12 hour use for work/education) must faster (within 3 days of disposition) if you take a 24-D plea agreement, but you will now have a record and it will count as a 1st time OUI.

Good luck!

Will Vella, Esq.

A. Will Vella is an Massachusetts licensed attorney who focuses his practice on small business, family issues, and small personal matters . This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.

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The fastteat way to get your license back is with an admission or plea. Upon enrollment in the oui classes you can get a hardship license but it illiminatesnyour chance to fight the case

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Unfortunately, about the only way you can get a hardship license in order to work is by admitting to the charges and being placed on probation. Once enrolled in the required program, you can go to an RMV hearings office with proof of your enrollment as well proof that you need your license for work - pay stubs, for instance. Then you will most likley be able to drive for a set 12 hour period each day.
I usually tell clients that OUI charges with no breath test are always worth fighting if you can live without your license for six months (sometimes less depending on the court and how fast you can have a trial). If you are found not guilty at trial or your case is dismissed for some other reason before the 180 day suspension is up, you can have your attorney file a motion with the court to have your license immediately restored.
Speak with an OUI attorney asap to go over the particulars of your case.

Best of luck,

John Seed

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The discussion that follows assumes this is your very first DUI case. The DUI Law in Massachusetts mandates that your license/right to operate be suspended for 180 days if you are arrested for DUI, and if the police had probable cause for the arrest, and if you refused a chemical test after having been informed that your license/right to operate would be suspended for 180 days for the refusal. That 180 days is mandatory.

(A) If you go to trial and win and the 180 days has not fully run then your lawyer can file a motion with the trial judge to order the Registry of Motor Vehicles to reinstate your license/right to operate notwithstanding the fact that the 180 days has not fully run. If the Judge grants the Motion then the Registry will reinstate your license; if the judge denies the motion then you will have to wait out the remnaining days on the 180 day suspension.

(B) If you go to trial and lose and if the Judge orders a "24D Disposition" then the judge will order your license/right to operate suspended for somewhere between 45 and 90 days. This 45-90 day suspension is in addition to the 180 day suspension. If the Judge orders a "24D Disposition" then you will be eligible for a hardship license (12 hours per day, 7 days per week) for the remiander of the 180 days plus the 45-90 suspension.

(C) If you go to Court and plead guilty or "admit to sufficient facts" and if the Judge enters a "24D disposition" then you will be eligible for an immediate hardship license for the remainder of thee 180 day period plus the 45-90 day period.

You really should hire a good criminal lawyer who knows the ins and out of the DUI law to represent you and help you in deciding whether to go to trial or admit to sufficient facts.

Robert D. Lewin, Attorney
Offices in Malden, MA and Andover, MA serving all of Eastern, MA
Tel. 781-322-2228
Fax. 781-322-6351

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