The Massachusetts Registry of Motor Vehicles imposes administrative license suspensions for those who take and “fail” the breathalyzer test. In Massachusetts, the “per se” limit is .08. This means that anyone who submits to a chemical breath test and registers at or above .08, his or her license will be suspended for thirty (30) days. These breathalyzer failure suspensions only apply for failures of the breathalyzers used at police stations and not the portable breath test (PBT) devices administered at the roadside.

Sudbury MA Breathalyzer failure suspension periods are relatively short, as compared to the breathalyzer refusal suspension periods, which range from 180 days for DUI first offenders over 21 to life for 4th offenders. Assumedly this disparity in administrative license suspensions was designed to encourage those arrested for DUI to take the breathalyzer. These breath test results make it substantially easier for the prosecution to obtain a drunk driving conviction.

Those under 21 years of age are not allowed to consume any alcohol. Therefore, the limit for drivers who are under 21 years old is .02 instead of .08. This means that a driver under the age of 21 who registers a breathalyzer reading of .02 or greater will have his license administratively suspended for 180 days. The Mass. RMV will administratively suspend the license of a person under 18, who registers a breathalyzer reading of .02 or above, for one year.

Persons whose licenses have been suspended for Sudbury Mass breathalyzer refusals are eligible for reinstatement once the refusal suspensions have been served. However, these breathalyzer refusal periods are independent of any additional license suspensions which the Registry will impose for a DUI conviction. In many cases, a driver can reinstate his or her license after the breathalyzer refusal suspension expires, only to lose it again shortly thereafter, when a DUI conviction suspension is imposed. The Registry does not issue hardship licenses during the term of breathalyzer refusal suspensions.