Registry (RMV) Hearings

DUI Defense Attorneys Serving Worcester, MA

A Massachusetts DUI/OUI case actually involves two distinct processes: the criminal court process and a hearing with the Registry of Motor Vehicles (often referred to as a Registry Hearing or RMV Hearing) - meaning you are essentially prosecuted twice. It is important to involve an attorney as soon after your arrest as possible, as professional representation at your Registry Hearing may prove crucial to your ability to retain your driving privileges or obtain a Hardship License to drive for limited purposes.

A Registry Hearing is an administrative process that involves a RMV employee who acts as both Judge and prosecutor. This RMV Hearing Officer will try to take your driver's license away for a minimum of 30 days, or possibly much more depending on the particular case. Having a Worcester DUI Lawyer at your side at your hearing can have a significant and positive impact on the outcome of the hearing, as your interests will be effectively represented. Your lawyer's understanding of the hearing procedure will also go a long way in helping you.

License Suspension and DUI in Massachusetts

After a DUI arrest in Massachusetts, the RMV will immediately begin proceedings to suspend your driver's license. You will have only 15 days from the date of your arrest to request a hearing to challenge this suspension. Failure to act within this time frame will result in the automatic suspension of your license, regardless of the outcome of your case in criminal court.

The Massachusetts Registry of Motor Vehicles may suspend your driving privileges on the basis of:

• A refused Breathalyzer test
• A driver with a blood alcohol concentration of .08% or greater
• However, the following elements must also be proven:
• The driver was lawfully arrested for DUI
• The breath or blood test was performed correctly and was accurate

How a Lawyer Can Help

As in defending DUI charges in criminal court, an experienced DUI Defense Lawyer can work to prove that a driver was not lawfully arrested, that the initial police stop was unlawful, or that the breath test was administered improperly. There are actually many defenses which may be effective in helping a driver achieve a positive outcome at his or her Worcester Registry Hearing.