Joseph Waldbaum, Esq. Massachusetts Drunk Driving Defense
OUI - DUI - DWI Cases Only
James Dunn, Esq.
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(978) 921-4100
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Refusal Suspension Reversals

5 Yr. Refusal
Suspension Lifted While Case Pending

Call Dan:

Dan's Case

Dan was a 3rdoffender, refused the breath test and lost his license for 5 years. He went to an RMV Hearing which has to occur within fifteen calendar days post-arrest. The RMV denied him, of course, so we appealed that into court where the judge restored his license. He could then drive 24 hours/day during the year it took to go to trial.

At jury trial, the officer testified Dan had committed two lanes violations; was unsteady; had bloodshot, glassy eyes; smelled of alcohol; and failed the field sobriety tests. I pointed out to the jury the tests were performed in subfreezing weather after 3 am and though he said Dan’s speech was “slurred," he hadn’t written that in his report.


Here are some examples:


MITCH 781-929-9509

I was arrested for my third offense. On his first day in court with me, Joe reduced my bail by $3000. Then he convinced a judge to overturn my 5 year suspension for refusing the breath test. I was then able to drive legally awaiting trial making my life much easier.

Haverhill District Court

Newburyport District Court trial



JAY 508-309-8880

I was sure I'd lost my license for 5 years. But Joe immediately eased my fears and said that he may be able to get my 2nd offense treated like a 1st because they were more than 10 years apart. He did just that. I was able to quickly get my license back. Now I'm driving again to work and my wife doesn't have to drive me around anymore. He also won an appeal to overturn my 3-year refusal suspension! I highly recommend him.

'Both Joe and James are consummate professionals.'

Falmouth District Court



RAFAEL 617-892-1130
I thought my case was impossible to win. The 3-year refusal suspension would mean the loss of my job, possibly my marriage, and certainly affect the rest of my life. Thank God I called them! They calmed my fears and James got my license back in only a few weeks. Then I could drive legally for the 9 months until trial. At trial, Joe was brilliant and won a not guilty. I am forever grateful for attorneys Waldbaum and Dunn.

'If you need a miracle, call them."

Somerville District Court



CHARLEY 401-524-4174

We guided a Rhode Island driver through the complicated process of fighting his 3 year suspension for refusing the breath test in Massachusetts. We then appealed the Massachusetts RMV's decision in front of a judge and won the reinstatement of his license. He was then able to drive legally while the court case worked its way to trial.

At trial, we used the booking video to show the jury that he walked perfectly normal and handled small items, like his cell phone, perfectly normally. This convinced the jury that his balance and dexterity were perfectly normal. The jury voted not guilty in only 15 minutes.

Uxbridge District Court

Worcester District Court trial


If you refused to take the breath tests, you have made it harder for them to convict you. However, it means that your license has been suspended for the following periods:

  • 1st offense: 180 days
  • 2nd offense: 3 years
  • 3rd offense: 5 years
  • 4th or subsequent offense: life

You have only fifteen calendar days from the date of your arrest to challenge this. Since this includes weekends and holidays, you must move quickly. This can only be done by a hearing at the Boston RMV Driver Control Office. You should not attend such a hearing until you have retained us.

We have been successful getting client’s license back after these hearings by appealing to a judge in court.