Driver's License Reinstatement After Alcohol-Related Suspensions

Every hack stand-up comic has a bit about enduring the RMV - for good reason. Long wait times, secret procedural guidelines, and impatient customer service representatives can test your sense of humor, your patience, and finally, your temper.

 

After all, a civil driver’s license suspension can interfere more with a person’s daily life than a criminal prosecution. For many of us, a driver’s license isn’t a nice-to-have privilege – it’s an absolute necessity to get to work, to bring our children to school, and to keep our households running.

 

There’s never a convenient time for a driver’s license suspension, but they often come bundled with other stressors… like the issuance of criminal charges for operating a motor vehicle under the influence of alcohol. If a driver over the age of 21 takes a breathalyzer and fails, their license is automatically suspended for 30 days… and if they refuse to take the breathalyzer, their license is automatically suspended for 180 days.

 

This remains true even though Massachusetts Courts have recently recognized the state’s breathalyzer calibration program has been guilty of egregious government misconduct.

 

But if your license is suspended, it’s important to stay focused: when are you eligible to get back on the road, and what do you have to do? Unfortunately, it’s not so simple:

 

After a Suspension for a Failed Breath Test:

 

If you were placed under arrest for operating a motor vehicle under the influence of alcohol, you were likely offered a breath test at the police station. If your blood alcohol content (BAC) is above .08% according to the in-station breath test, your license was immediately suspended by the Registry of Motor Vehicles. The police have no discretion in this matter – the suspension is imposed by statute. Your license can only be reinstated after the passage of time, usually 30 days.

 

After a Suspension for Failure to take a Breath Test:

 

If you exercised your right to decline a breath test at the station, you still face consequences: a statutory suspension - usually 180 days.

 

After a Guilty Finding or CWOF for First-Offense OUI:

 

If you’ve been found guilty or made a formal admission to the court that you were operating a motor vehicle under the influence of alcohol, a judge will likely suspend your driver’s license for a period of time as punishment.

 

License reinstatement is never automatic. Even if you are also facing criminal charges, the Court cannot reinstate your license – only the Massachusetts RMV can do that.

 

The Massachusetts RMV website offers some information relating to reinstatement after your suspension is complete, but this information can be incomplete or out-of-date. Some drivers may be eligible for hardship licenses – but again, the information on the RMV website may be incomplete or out-of-date. Reinstatement rules are affected by statutory changes, recent court orders, and regulatory adjustments and reinterpretations by political appointees. And occasionally, RMV hearings officers apply these regulations arbitrarily or inconsistently. It can be hard to figure out what paperwork you need to bring, how much you need to pay, whether you need to complete a driver's education course, or whether you need an in-person or telephone hearing. And it can be hard to get information directly from the RMV. Getting answers in person usually involves long wait times at inconvenient hours, and it can be difficult to get in touch with a live person using their customer service hotline. 

 

A person seeking license reinstatement may benefit from consulting with an attorney that specializes in that area of law. If you have questions about driver’s license reinstatement, call Fiorentino Legal, P.C. We can often answer these questions after a short call, or we can connect you with an attorney that can help. We’re available at (617) 990-2568 and cjf@fiorentinolegal.com.