Chapter 7. Alcohol & Drug Suspension Under Age 21 Under-age Chemical Test Refusal This section pertains to customers under the age of 21 who refuse to take a chemical test (breathalyzer test). If you are arrested for Operating Under the Influence (OUI), you will be asked to consent to a chemical test to determine your Blood Alcohol Content (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 the customer's permit/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 offenses 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 the refusing a chemical test, depending on the customer's past OUI history. Violation Chemical Test Refusal No Prior OUI's 3 Year Suspension One Prior OUI 3 Year Suspension Two Prior OUI's 5 Year Suspension Three or More Prior OUI's Lifetime Suspension Governing Law MGL. Ch. 90, S. 24(1)(f)(1) 06/18https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24