Chemical Test Refusal: What Happens Next?
You’ve been arrested for DUI and refused to take a chemical test. If you are lawfully arrested for DUI, you are required by law to submit to a chemical blood or breath test. Just by driving in the state of Massachusetts, you have already given your consent. The consequences for chemical test refusal can be quite severe. Your license may be suspended anywhere from 180 days to the rest of your life.
Chemical Test Refusal Appeal
There is a legal process that can help you. It is called Chemical Test Refusal Appeal. Within 15 days of the arrest, you may submit your hearing request. The hearing will take place at the Registry of Motor Vehicles. It is very important that you choose the right attorney. You want an experienced DUI attorney with a proven track record of helping people in your situation. DUI/Chemical Refusal Test Attorneys James G. DeGiacomo and Sergey Mikhlin have the knowledge and experience to help you!
In order to win the appeal, we must prove that the officer did not have reasonable cause to arrest you, you were never actually arrested, or you did not refuse to take the test. Once the hearing has ended, the Registry of Motor Vehicles will have 10 days to make their decision.
What if the Registry denies your Chemical Test Refusal Appeal? No need to stress! It is very common for the Registry to deny these appeals. Next, a petition for judicial review of the Registry’s decision must be submitted. Within 45 days of that submission, we will get a hearing with the District Court Judge. We then will prove that the Registry’s decision was not lawful. The District Court has the power to overrule the initial decision.
Contacting an Attorney
If you have been arrested for Chemical Test Refusal, it is paramount that you contact an attorney immediately. You only have 15 days to submit the Chemical Test Refusal Appeal. DeGiacomo & Mikhlin, P.C. is here to help you! DeGiacomo & Mikhlin, P.C. earned a powerful reputation as a District Attorney prosecuting drunk drivers, and continues to earn praise now working to help those charged with DUI. We will help you get your license back! You do not have to go through this alone. Call today (617) 941-3666!