Good afternoon...Thank you in advance for an answer.
I got a dwi nearly 3 months ago. My lawyer and I are still in the process of fighting
it and are looking for a defense of "necessity driving". Can Iget my
license back at this point? And if so, how do I get it? He told me if we didnt win the case at trial that I would have to pay for re-instatement all over again. Can any of you tell me if I am in fact able to get my license back now? I did do the breath test and it was over the .08 My atty is on vacation and I would really, really appreciate an answer asap.
Criminal Defense Attorney
You are eligible to reinstate your license that was suspended for failing the breathalyzer. The suspension period for failing the BT is 30 days. If you end up taking a plea or being convicted of the OUI, the your license will be suspended again.
DUI / DWI Attorney
Yes, you can probably get your license back now. The RMV suspension for failing a breath test is thirty days. See http://www.mass.gov/rmv/suspend/oui.htm
License suspension for failing a breath test with a BAC of .08 or higher:
•Loss of license for 30 days or until the case is disposed of by trial, plea or dismissal, whichever comes first.
•If under the age of 21, a loss of license of 180 days for breath test result of .02 or greater.
•Automobile impounded for 12 hours following arrest, regardless of who comes to pick it up.
•Breath test failure is considered a "per se" violation of the law and is admissible in the prosecution as long as it was conducted properly.