Chapter 7. 94C Drug Conviction - Alcohol and Drug Breathalyzer Failure continued You have the right to appeal this suspension before the district court in which the underlying charges are pending. This suspension cannot be appealed at the RMV. When the breathalyzer failure suspension/revocation expires, you must see a hearings officer to be authorized for reinstatement. Chemical Test Refusal This section pertains to customers over the age of 21 who refuse to take a chemical test (breathalyzer test) when he/she has been arrested for Operating Under the Influence (OUI) of alcohol. Customers under the age of 21 should refer to the under-age chemical test refusal section. If a you are arrested for OUI, you will be asked to consent to a chemical test to determine your Blood Alcohol Concentration (BAC). If you refuse a chemical test, the arresting officer will immediately: * Take custody of your learner's permit/driver's license (if issued by Massachusetts) or right to operate * Provide you with a written notification of the suspension/revocation of your driver's license, effective immediately (no temporary driver's license will be issued) * Impound your motor vehicle for 12 hours * Notify the RMV of the suspension within 24 hours In Massachusetts, refusing to take a chemical test is not a criminal offense, but is instead a statutory requirement with an administrative suspension/revocation. The RMV will suspend/ revoke your learner's permit/driver's license or right to operate immediately. There is no notification period. Suspension Periods for Refusing a Chemical Test Suspension periods vary by the number of prior OUI violations a driver has incurred, including convictions or program assignments from out-of-state or any other jurisdiction. The following table lists the suspension periods for refusing a chemical test, depending on customer's past OUI history.