Holbrook, MA asked in DUI / DWI for Massachusetts

Q: Does taking a breathalyzer create a legal 90-day suspension contract for first offenders? (Massachusetts)

I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was closed because of an Immediate Threat Suspension I had 3 years ago (and lost my license for 7 months). Can I appeal this? Is there anyone I can contact for this? It has been just about a year and still no date for my trial (because of Covid) and still my license is suspended.. It doesn't seem right that I am being penalized for something that I already paid for 3 years ago.

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1 Lawyer Answer
Frederick Lewis Stoker III
Frederick Lewis Stoker III
Answered
  • Van Nuys, CA
  • Licensed in Massachusetts

A: There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very least to represent you in the related criminal case.

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