Under Massachusetts OUI law, a motor found not guilty of OUI can file a motion to have their Massachusetts driver's license restored as a result of a license suspension for refusing a breathalyzer. Section 24 provides that there is a presumption that the license shall be restored by the court that took final action on the underlying OUI charge. That presumption can be overcome if the Commonwealth establishes by fair preponderance of the evidence that restoration of the privilege to operate will endanger the public. In the case of Commonwealth v. Dennis Bauer, the trial judge denied the motion to restore the motorist's drivers license. Bauer's license was revoked for life for refusing the breathalyzer as he had three prior OUI convictions. The Massachusetts Supreme Judicial Court affirmed the lifetime license loss of December 21, 2009.
The motorist challenged the denial of the reinstatement on separation of powers grounds, arguing that the judiciary could not assert an executive function in regulating driving privileges. The Massachusetts Supreme Judicial Court held that the legislature explicitly delegated to the court this authority over the reinstatement of a drivers license and accordingly, there was no issue of separation of powers.
Michael DelSignore defends drivers charged with OUI/DUI throughout Massachusetts, including charges pertaining to breathalyzer refusals, cases with failed breathalyzer tests, OUI accident cases and OUI drug arrests. Attorney DelSignore is available to take your call immediately at 508-455-4755 and will arrange for a convenient free consultation.
