There are two types of Weston Massachusetts breathalyzer refusal appeal hearings and the license suspension penalties imposed by Melanie's Law motivate many DUI defendants to appeal.

The intial breath test refusal hearings are held only at the Registry's Driver Control Unit, which is located at the Boston branch of the Massachusetts Registry of Motor Vehicles, which is on the 4th floor of the RMV at 630 Washington Street in Boston. These appeals must be filed within fifteen (15) days of the breath test refusal suspension.

However, it may be possible to appeal the length of your Weston MA breathalyzer refusal suspension at any time. Hundreds of DUI clients have had their refusal suspensions shortened or completely eliminated using this type of appeal. Contact DUI Attorney Brian E. Simoneau at 508-656-0057 or complete the contact form on this site for more information regarding how to appeal your DUI license suspension.  

The breathalyzer or chemical test refusal appeal hearing at the Registry consists of a presentation of evidence by the appellant and a review of the Weston breathalyzer test refusal report and associated documents by a Registry Attorney or a Hearings Officer who has received specialized training to conduct these appeal hearings.

In order to win, the person challenging the breath or blood test refusal suspension must present certain evidence. It is the appellant’s responsibility to establish a sufficient record of the hearing and to properly document sworn testimony. Even some of the best Massachusetts DUI attorneys are not familiar with the laws and procedures regarding breathalyzer refusal hearings. Therefore, if you are facing a long license suspension due to having refused to submit to a breath or blood test, after having been arrested for DUI in Massachusetts, contact Attorney Brain E. Simoneau for a free consultation and review of your chemical test refusal case.

Pursuant to G.L. c. 90 § 24(1)(g), grounds for reversal of a Breathalyzer refusal suspension are as follows: (1) the police officer did not have reasonable grounds for arresting the defendant, (2) the person was not placed under arrest for operating under the influence of alcohol, (3) the person did not refuse to submit to a breath test or analysis. Breathalyzer refusal license suspensions can also be reversed in cases where the refusal report was not made under the penalties of perjury and where the refusal was not witnessed by an individual other than the person refusing and the officer who accepted the refusal. Also, in order for a breathalyzer refusal suspension to be valid, the person who refused to take the breathalyzer must have been informed that his license or right to operate would be suspended for 180 days up to life. In some cases involving repeat DUI offenders, the Registry miscalculates the length of the DUI suspension. Attorney Brian E. Simoneau has successfully reduced the length of Massachusetts chemical test refusal suspensions in a large number of cases and he has become a statewide authority on this issue. Contact him today to discuss your CTR suspension.

District Court License Reinstatement Motions

After being found not guilty of DUI or having the drunk driving charges dismissed, you can appeal the Weston MA breathalyzer refusal suspension to the district court which took final action on the DUI charges. One of the benefits of getting a not guilty verdict is that there is a presumption that you should have your license reinstated, if it was suspended or revoked due to a breath test refusal. However, reinstatement may be denied where the prosecution demonstrates that restoration of your driver’s license would likely endanger the public safety. If this happens, contact Attorney Simoneau for assistance. He has helped countless clients get back on the road, even where the district court and Registry have denied reinstatements.