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I have been told that MA law allows me to appeal the suspension of my driver's license, even though the trial for my OUI charge has not happened yet. True?

Editor's Response

Yes. You have 15 days from the date of your arrest to appeal your suspension.  If you do not file the appeal, your license will likely be suspended or revoked.

license suspension

Your license will not be suspended for DUI unless and until you are either convicted or assigned to an alcohol education program. However, if you took the Breathalyzer and scored a .08 or above, your license will be suspended under the per se law. You may be entitled to a hardship license.  Also, if you refused the breathalyzer, your license will be suspended for 180 days up to lifetime for the breathalyzer refusal.  You have the right to appeal a suspension within 15 days of the suspension. The hearing is limited to the following three issues: (i) did the police officer have reasonable grounds to believe that you had been operating a motor vehicle while under the influence of intoxicating liquor (DUI) upon any way or in any place to which members of the public have a right of access or upon any way to which members of the public have a right of access as invitees or licensees, (ii) were you placed under arrest, and (iii) did you refuse to submit to the chemical test. Note: If you are a repeat offender, you will need to have an ignition interlock device installed on any vehicle which you own, lease, or operate during the term of any hardship license and for a 2 year period after getting your full license back.  For more information, see my contact information on The Forum's Attorney Directory:  http://www.malawforum.com/isoDirectory/search/list/7/Middlesex

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