If you are charged with drunk driving in Massachusetts, and you refuse the breathalyzer test, your driver’s license will not automatically be restored if you are found not guilty or the case is dismissed. The length of license suspension on a breathalyzer test refusal depends upon the number of prior offenses. If you are found not guility or the case is dismissed, and you don’t have any alcohol related charges pending against you, you may apply for and be granted a hearing requesting restoration of the driver’s license. The hearing:
- Must be before the Court that entered the finding;
- Shall include a rebuttable presumption that the license be restored, unless the Commonwealth can establish by a preponderance of the evidence that restoration of the license would likely endanger the public safety; and
- Shall be followed by written findings of fact by the Court.
If you face a drunk driving charge today, it is important to hire a drunk driving lawyer who will help you with all the license consequences. Contact Shane W. Surrette at (774) 364-4605 or at email@example.com today.