The Massachusetts Registry imposes lifetime license suspensions with no hardship relief when you have five (5) or more DUI convictions or alcohol program assignments anywhere at anytime in your life. This means that a 30 year old out of state drunk driving conviction will count against you. Unlike some other states, Massachusetts now has a lifetime look-back period under which any operating under the influence conviction can count against you, regardless of when it happened. Also, out of state DUI convictions are required to be counted when determining if someone qualifies for a lifetime license revocation.
If you have refused to submit to a chemical breath or blood test on your 4th offense, meaning that you have 3 prior DUI convictions, the Mass. RMV will also revoke your license for life. This lifetime loss of license is imposed regardless of whether or not you are ultimately found not guilty of your 4th drunk driving offense. The basis for the revocation is that you refused the breathalyzer with 3 prior OUI convictions; that’s all that is required to initiate the lifetime chemical test refusal revocation.
In most cases involving lifetime license revocations, there is little than can be done. The Registry will absolutely not grant you any type of hardship license on a lifetime revocation and getting a hardship license from the Board of Appeal is extremely difficult. There is a very slim chance of getting a hardship license form the Board if you have a lifetime license loss based on 5 or more DUI convictions, alcohol program assignments, or any combination thereof. The Board of Appeal of the Massachusetts Division of Insurance will generally not even hear lifetime chemical test refusal cases.
In some cases, I’ve been successful in reducing lifetime license revocations, either based on chemical test refusals or 5 or more DUI convictions. However, the chances of success depend on the facts, circumstances, and records involved in each individual case. If you are suffering with a lifetime loss of license, feel free to contact me for a free consultation After speaking with me, you will know exactly where you stand and I will advise you regarding what steps you can take to try to get your license reinstated.
Challenging the contents of your Registry Record is difficult but sometimes possible. Pursuant to G.L. c. 90 § 27, Registry records are considered prima facie evidence for suspension purposes. This evidence can sometimes be refuted by court dockets, abstracts, probation records, and other similar official documents.