What happens if you fail a breathalyzer test when you are arrested for operating under the influence? What type of a penalty would you get if your blood alcohol test is .08 or greater; if you under 21 and your blood alcohol test is .02 or greater; answer is that your license will be suspended for 30 days for first offense.

In addition, if you are between 18 and 21 you will have to do something called the Youth Alcohol Program and serve an additional 180 days suspension. If you are under 18, you will be required to serve an additional one (1) year suspension, and do the Youth Alcohol Program.

If you refuse to take the breathalyzer test and have no prior OUI’s, it will be a 180 days suspension period. If you have one (1) prior OUI, it will be a three (3) year suspension; two (2) prior OUI’s it will be a five (5) year suspension; and three (3) or more is lifetime. If you are under 21, and you have no priors, it will be three (3) years; one (1) prior will also be (3) years; and two priors will be five (5) years. If you have three or more it will be a lifetime suspension, and for any age; if it is a prior OUI for serious bodily injury, it is ten (10) years. If there is a prior for vehicular homicide, it is lifetime.

You are entitled to have a hearing for a chemical test refusal within 15 days in the Boston Branch of the RMV and you do have the right to challenge this “saying the officer did not have reasonable grounds for the arrest and that you were not placed under arrest; or that you did not refuse the breathalyzer”. If you can prove any of these, the suspension will be rescinded.

There are different ways where you can potentially try to get your license back and that can be discussed with a lawyer; particularly, based on the disposition of your OUI case.