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Breathalyzer License Suspension

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A DUI offender who refuses a DUI breathalyzer will have his or her license suspended immediately. There is no longer a 15-day DUI breathalyzer refusal grace period. The amount of time a DUI offender’s license is suspended for refusing a DUI breathalyzer is dependent on the number of the DUI offense. I

f a DUI offender refuses a DUI breathalyzer for a DUI first offense, the DUI offender’s license will be suspended for 180 days. If the DUI offender pleads to the DUI charge and receives the First Offender DUI Driver Education Course Program, the DUI offender may be eligible to reduce the suspension down to 45 or 90 days. The DUI offender may be eligible to reduce the suspension down to 45 or 90 days even if the DUI offender refused a DUI breathalyzer.

For a second offense DUI breathalyzer refusal, the DUI offender’s license is suspended for 3 years. For a third offense DUI breathalyzer refusal, the DUI offender’s license is suspended for 5 years. Finally, for a fourth offense DUI breathalyzer refusal, the DUI offender’s license is suspended for life.The DUI offender could challenge the DUI breathalyzer refusal at a DUI appeal hearing.

In order for the DUI offender to challenge the DUI breathalyzer refusal, the DUI offender must request a hearing within 15 days of the arrest and DUI breathalyzer refusal. http://www.mass.gov/rmv/suspend/hearings.htm At the DUI breathalyzer refusal hearing, the review board will consider three issues.

First, did the officer have reasonable grounds to believe the DUI offender was operating while under the influence of alcohol or DUI? Second, was the DUI offender placed under arrest for DUI? Third, did the DUI offender refuse to submit to a breathalyzer for the DUI?http://attorneychan.wordpress.com/2009/12/04/license-effects-for-breathalyzer-refusal/

Call Attorney Jason Chan to talk about your case today at 508-808-8902.

Contact Attorney Jason Chan

Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235


Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986

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