Driving is a wonderful privilege, but one that comes with many responsibilities, including the responsibility to drive safely. In order to help keep people safe on the road, at the time that you get your driver’s license, you also give your implied consent to participate in blood or breath testing if requested to do so by a law enforcement officer. At The Law Offices of Paul R. Moraski, our experienced DUI defense in Massachusetts can answer your questions about breathalyzer tests and refusals in Massachusetts, and represent you if you’ve been charged–
Do You Have the Right to Refuse to Take a Breathalyzer Test?
As stated above, the rule of implied consent means that by virtue of having a driver’s license and operating a motor vehicle, you have given your implied consent to submit to alcohol or drug breath or blood testing if requested to do so by a police officer. That being said, you may refuse your consent, but there will be consequences for doing so.
What Happens if You Refuse the Test?
If you breach the state’s implied consent laws, you will face immediate penalties, including the immediate suspension of your driver’s license for six months. Note that this does not include any additional penalties that you may accrue as a result of a DUI conviction.
If you violate the state’s implied consent laws a second time, your license will be suspended for three years; if you violate the law a third time, then your license will be suspended for five years. Any more than that, and your license will be suspended for life.
There is one benefit to refusing the test: the police won’t be able to obtain a blood or breath sample that serves as evidence of your intoxication/impairment beyond a reasonable doubt. While there may be a lack of hard proof that you were driving illegally without a sample, do know that it is possible for the prosecution to still secure a conviction if they have sufficient evidence otherwise.
How a DUI Attorney Can Help You
If you are facing DUI charges and you refused a breathalyzer test, working with an experienced attorney is important. The first thing that your attorney will do is explain to you the potential consequences you’re facing and your options. Next, your attorney will do an assessment of the prosecution’s evidence against you. If appropriate, your attorney will either begin preparing your case and your defense, or work with the prosecution to negotiate a plea deal. Your attorney will represent you in court, ensure that your rights are upheld, and advocate for your best interests.
Call The Law Offices of Paul R. Moraski Today
Being pulled over and asked to submit to a blood or breath test can be incredibly nerve-wracking. While you may refuse to submit to a breathalyzer, if you do so, you’ll face a license suspension. To learn more about DUI charges, what happens if you refuse a breathalyzer, and how to defend yourself, call The Law Offices of Paul R. Moraski today at (978) 397-0011 today.