Can I appeal the suspension of my driver\’s license, even though the trial for my Massachusetts OUI charge has not happened yet?

ATTORNEY ANSWER:

Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that you are charged in to review the RMV\’s decision and they can reverse the suspension.   If you have FAILED (.08 or greater) there is no procedure to appeal your license suspension, but after the expiration of 30 days (if over 21) you can get your license back while the case is pending a trial for a fee of $500.00.

MASSACHUSETTS BOARD CERTIFIED DRUNK DRIVING DEFENSE LAWYER

Massachusetts board certified drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County. If you have been charged with drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.