Refused the breath test in Massachusetts? How the 15-day RMV hearing works

Why your license is already gone

Massachusetts is an implied consent state. By driving, you are treated as having agreed to a breath test if you are arrested for operating under the influence (OUI). If you refuse, the arresting officer does several things on the spot, according to the Registry of Motor Vehicles:

• takes your Massachusetts license or learner's permit
• gives you a written notice that your license is suspended, effective immediately
• impounds your car for 12 hours
• reports the refusal to the RMV within 24 hours

There is no temporary license and no grace period. The suspension starts that night.

How long the refusal suspension lasts

The length depends on your record, counting OUI convictions and alcohol program assignments from any state. For drivers 21 and over, the RMV lists:

The statute sets 3 years for a refusal by a driver under 21. Mass.gov also says suspensions from the same incident are served one after another, not at the same time. If you are later convicted of OUI, that suspension begins only after the refusal suspension ends.

The 15-day rule

Section 24(1)(g) of chapter 90 says a person whose license is suspended for a refusal is entitled to a hearing before the registrar, and the RMV's regulation (540 CMR 11.00) describes the purpose as "a hearing within 15 days of the date of suspension." The RMV's own page puts it plainly: you are entitled to a hearing, but you must appear within 15 days of the chemical test refusal.

Count the days from the refusal. If day 15 falls on a weekend or holiday, call the RMV or a lawyer before assuming you have extra time.

Where and when

Refusal hearings are held only at the Boston (Haymarket) RMV Service Center, 136 Blackstone Street, Boston, MA 02109, by an RMV hearings officer. Mass.gov describes them as walk-in hearings between 9 a.m. and 3 p.m. They cannot be booked online. Other RMV hearing locations, such as Brockton or Lawrence, do not hold refusal hearings.

Bring the refusal notice the officer gave you, photo identification, and any written statements from witnesses. The RMV says it will provide forms for witness statements and that you may pay a court reporter to record the hearing.

What the hearing can decide

The hearing is narrow. The hearings officer first checks that the police Report of Refusal meets the law's requirements. If it does not, the license is reinstated. If it does, the burden is on you to show that one of three things was not true:

1. the officer had reasonable grounds to believe you were operating under the influence,
2. you were placed under arrest, and
3. you refused the test.

If you prove any one of them in the negative, the RMV rescinds the suspension. The hearing does not decide whether you were impaired, and it does not affect the criminal case.

If you lose

Mass.gov describes two separate routes:

• Court. A refusal suspension is appealed to the court where the OUI charge is pending. The statute allows a petition within 30 days of the RMV's final decision.
• Board of Appeal. Other RMV decisions can be appealed within 10 days to the Board of Appeal on Motor Vehicle Liability Policies and Bonds, with a $50 fee and an in-person hearing. Mass.gov says refusal suspensions go to the court instead.

Mass.gov also notes that after a not guilty verdict or a dismissal of the OUI charge, you can ask the court to order the refusal suspension lifted.

Getting your license back at the end

When the refusal suspension runs out, or a court orders reinstatement, you must see an RMV hearings officer to be authorized for reinstatement. Fees and any other requirements, such as an ignition interlock for repeat offenders, are handled then.

What to do this week

1. Write down the date of the refusal and count 15 days.
2. Find the refusal notice and your court paperwork.
3. Talk to an OUI defense lawyer about whether the hearing is worth attending in your case. The directory lists Greater Boston firms.
4. Go to Haymarket in person, early in the day, if you decide to request the hearing.

The Massachusetts OUI penalties guide explains what happens on the court side.