If you take a breathalyzer test and fail, your driver’s license will immediately be suspended for 30 days. The prosecution will also then have incriminating evidence against you. If you refuse the test, your license will be suspended for a minimum of 180 days but the prosecution will not be able to reference the fact that you refused the test. Because refusal evidence is inadmissible, most DUI defense attorneys in Massachusetts will tell you that it’s usually in your best interest to refuse breath tests.
Taking and failing a breathalyzer test makes it harder to mount a defense in court. You fail a breathalyzer test if the machine registers a BAC of 0.08% or above.
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If you fail a breath test, two things happen:
- Your license is automatically suspended for 30 days
- The prosecution gains evidence that can later be used against you in court
Although breathalyzer evidence can be challenged in court by an attorney, fighting the case is usually much more difficult when that evidence is present. Without evidence from a chemical test, the prosecution must rely on the testimony of witnesses and police officers, video footage, incriminating statements, and field sobriety tests.
Ultimately, the government must prove beyond a reasonable doubt that you were operating under the influence. This burden of proof is on them; you are presumed innocent until proven guilty. The absence of breath test evidence makes satisfying this burden a difficult task.
However, there is still no easy answer to this question. Refusing a breathalyzer test comes with serious consequences.
If your license is your main priority, you may wish to submit to a breathalyzer test to avoid a long license suspension. The consequences for refusing the test become more severe if you are under the age of 21, or if you have previous DUI offenses. The choice is up to you.
Penalties for Refusing to Take a Breathalyzer Test
Massachusetts has what’s known as an “implied consent” law, which means drivers automatically consent to a breath test just by driving on the road. Regardless, you have the right to refuse a breath test. If you do, you should be aware of the penalties.
If you are over the age of 21 and you refuse to take a breathalyzer, your driver’s license will be suspended for:
- No prior OUI offenses – 180 days
- One prior OUI offense – 3 years
- Two prior OUI offenses – 5 years
- Three or more prior OUI offenses – Your lifetime
If you are between the ages of 18 and 21 and you refuse to take a breathalyzer, your driver’s license will be suspended for:
- No prior OUI offenses – 3 years plus 180 day Junior Operator’s suspension
- One prior OUI offense – 3 years plus 180 day Junior Operator’s suspension
- Two prior OUI offenses – 5 years plus 180 day Junior Operator’s suspension
- Three or more prior OUI offenses – Your lifetime
If you are under the age of 18 and you refuse to take a breathalyzer, your driver’s license will be suspended for:
- No prior OUI offenses – 3 years plus 1 year Junior Operator’s suspension
- One prior OUI offense – 3 years plus 1 year Junior Operator’s suspension
- Two prior Oui offenses – 5 years plus 1 year Junior Operator’s suspension
- Three or more prior OUI offenses – Your lifetime
The automatic suspensions from refusing a breath test will go into place before any suspensions handed down from the court. They will run consecutively, which means your suspension period could be much longer if you are convicted.
Massachusetts Breathalyzer Defense
Regardless of whether you took or refused a breathalyzer test, it is important that you consult with an attorney. An attorney can assess your case and help you formulate a defense. In court, your Massachusetts DUI defense attorney will work to suppress evidence and give you a better chance of having your case dismissed or being found “Not Guilty.”
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