If you’re arrested for drunk driving in Massachusetts and you refuse the breath test, the RMV suspends your license for a minimum of 180 days.
During that time, if you beat the OUI charge at trial, you can ask the judge to sign an order reinstating your license.
Similarly if the prosecutor dismisses your OUI charge (typically through a nolle prosequi) you can ask the judge to order license reinstatement.
To do this, you must file a motion immediately upon the OUI acquittal or dismissal. The motion should be accompanied with an affidavit reciting the pertinent facts supporting the motion and a reinstatement order for the judge to sign. For legal authority, see G.L. c. 90, Sec. 24(1)(f)(1)(iii).
For the motion/order to be allowed, you can have no pending alcohol-related charges.
Additionally, the prosecution can challenge your motion. If the prosecutor can prove by a fair preponderance of the evidence that reinstating your license would likely endanger public safety, the judge must deny the motion.
If you’ve been charged with an OUI in Hampden or Hampshire County and you need legal representation, please contact me at justin@jrmccarthy.com