In this Guide, Attorney DelSignore explains the steps to contest a suspension of your license for refusing a breath test in Massachusetts.
Appear at the RMV in Boston within 15 days
The first step to appeal a breathalyzer refusal suspension is to appear at the Registry of Motor Vehicles in Boston within 15 days of your arrest. The Registry of Motor Vehicles in Boston hears all chemical test refusal suspension in Massachusetts regardless of where you live in the State. The 15 day appeal period is also strictly enforced, counting all days, including weekends and holidays from the date of the arrest. Once you appear at the RMV you request a hearing on the refusal by filing on the appeal forms. Typically, the hearing is continued so that the hearings officer can obtain a copy of the report of refusal and police report.
appealing a breathalyzer refusal to the district court
Typically the Registry will affirm the suspension. Accordingly a motorist has 30 days from the date of the decision to appeal to the district court where the OUI case is pending. The issues on appeal are generally extremely technical, alleging that the RMV did not comply with Massachusetts OUI law in suspending your license for a refusal.