Souza v. Registrar of Motor Vehicles

This case turns on the interpretation of the word *228“convicted” in G. L. c. 90, § 24 (1) (f) (1), a statute providing for the suspension of a driver’s license for refusal to submit to a test for blood alcohol content (breathalyzer test) on arrest for operating a motor vehicle while under the influence of intoxicating liquor. We conclude that as used in the statute, “convicted” references only dispositions of criminal charges that include a determination of guilt. Accordingly, we reverse the judgment of the Superior Court.

1. Background. The facts are undisputed. In 1997, the plaintiff was…