Contact Us 24/7 603-821-0133

Blog

OUI Chemical Test Refusals in Massachusetts

Posted by David Newton | Apr 28, 2013 | 0 Comments

In 2005 Melanie's Law was implemented in Massachusetts.  With the implementation of Melanie's Law came several increased OUI (Operating Under the Influence) related penalties.  One area that saw change because of Melanie's Law was increased penalties for OUI Chemical Test Refusals.   For instance, suspensions for OUI Convictions are now to be served after any suspension for an OUI chemical test refusal.  Additionally, suspensions on OUI Chemical Test Refusals occur immediately with no grace period.  Below is a chart of the suspensions periods for Chemical Test Refusals.

Age of Driver

Number of Prior OUIs

Suspension Period

21+

None

180 days

 

One

Three years

 

Two

Five years

 

Three or more

Lifetime

Under 21

None

Three years

 

One

Three years

 

Two

Five years

 

Three or more

Lifetime

Any

Prior DWI Serious Bodily Injury

Ten years

 

Prior Vehicular Homicide

Lifetime

Of some consideration is the fact that you are entitled to a Registry of Motor Vehicle (RMV) hearing about the Chemical Test Refusal.  In this RMV hearing it must be done within 15 days of the refusal, there are no exceptions.  Additionally, the RMV Chemical Test Refusal Hearing is only done at the Boston RMV Office.  Only three issues can be considered at the hearing 1) Did the officer have reasonable grounds for the OUI arrest, 2) you were not under arrest, and 3) you did not actually refuse the chemical test.  The third consideration requires that you had notice of the possible repercussions of refusal, but just being informed that your license will be suspended for at least 180 days will suffice.  It is important to remember that you have a right to be represented by an attorney at the hearing.

David Newton, Esq

617-466-6068 or 617-449-7441

About the Author

David Newton

I served in the U.S. Marine Corps for five years. After serving honorably in the U.S. Marine Corps, I graduated magna cum laude from State University of New York College at Brockport with a B.S. in Business and Economics. I then continued on to obtain my law degree cum laude from Boston Universit...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Let My Experience Be Your Peace Of Mind

Former NYC, Boston and NH State Police Prosecutor Committed to Defending your rights.

Menu