Can I Appeal an OUI License Suspension in Massachusetts?

Yes, some OUI-related license suspensions in Massachusetts can be appealed, but the correct procedure depends on why your license was suspended. A chemical test refusal and a failed breath test do not follow the same appeal process, and the deadlines can begin immediately after the arrest.

If you received an OUI suspension notice, identify the reason for the suspension before deciding what to do next.

How Do You Challenge a Chemical Test Refusal?

If your license or right to operate was suspended because you refused a chemical test after an OUI arrest, Massachusetts provides an opportunity for an RMV hearing within 15 days of the refusal.

The hearing is limited to three issues:

• Whether the police officer had reasonable grounds to believe you had been operating under the influence;
• Whether you were placed under arrest; and
• Whether you refused the chemical test.

You may present documents, witnesses, and other relevant evidence concerning those issues.

Chemical Test Refusal Hearings currently must be initiated in person at the Boston Haymarket RMV Service Center. The Massachusetts RMV provides current instructions on its page about RMV suspension hearings.

What Happens If the RMV Upholds the Refusal Suspension?

If the RMV upholds a chemical test refusal suspension after the hearing, you may seek judicial review.

Massachusetts RMV guidance states that the court appeal must generally be filed within 30 days of the RMV decision. A driver must first have appeared for the RMV refusal hearing rather than bypassing the RMV and going directly to court.

The court proceeding is separate from the underlying criminal OUI case, even though it is connected to the same incident.

Filing a judicial appeal does not automatically restore your right to drive while the appeal is pending.

What If Your License Was Suspended for Failing the Breath Test?

The procedure is different if you took the breath test and registered a blood alcohol concentration at or above the applicable legal limit.

For a driver age 21 or older who registers a BAC of 0.08% or greater, the RMV generally imposes an immediate 30-day suspension.

According to the Massachusetts RMV, this suspension cannot be appealed through an RMV administrative hearing. Instead, you have the right to appeal through the District Court where the underlying OUI charges are pending.

For more information about the criminal charge itself, see our page on Operating Under the Influence in Massachusetts.

Does Filing an Appeal Mean You Can Drive?

No. Do not assume that filing an appeal restores your license.

Your suspension remains effective unless your operating privileges are lawfully restored. Driving while the license or right to operate remains suspended may expose you to a separate criminal charge.

See our information about operating with a suspended license in Massachusetts.

Does Winning the Criminal OUI Case Automatically Restore Your License?

Not always.

The license suspension and criminal prosecution can involve separate procedures. Massachusetts law provides a process for seeking restoration in certain chemical-test-refusal cases following a dismissal or not-guilty finding, but the criminal result itself does not automatically eliminate every possible license suspension.

Other suspensions, charges, or licensing requirements may also affect reinstatement.

Why Is It Important to Act Quickly?

OUI license issues can involve deadlines that expire long before the criminal case is finished. The 15-day refusal-hearing period is one example.

Review the suspension notice immediately and determine:

• Whether the suspension resulted from a refusal or failed test;
• The date the suspension began;
• Which hearing or appeal procedure applies;
• Whether there is an approaching deadline; and
• Whether other license suspensions are also in effect.

Get Help With an OUI License Suspension Appeal

The correct way to challenge an OUI license suspension depends on why the RMV suspended your driving privileges. The Law Offices of Elliot Savitz & Scott Bradley can review the suspension notice, OUI charge, chemical test information, prior history, and applicable deadlines.

If your license was suspended following an OUI arrest, contact us today to discuss your situation.

This FAQ provides general information about Massachusetts law and is not legal advice. Reading it does not create an attorney-client relationship. Appeal procedures, suspension periods, and reinstatement requirements depend on the specific basis for the suspension and the circumstances of the case.