If you are charged with an act of operating under the influence, commonly called OUI or DUI in Massachusetts, it’s important that you know your rights. In an OUI case, the prosecution will have a stronger claim against the defendant if it has the results of a blood or breath alcohol test, which can be used to secure a conviction. While you can refuse to consent to such testing, doing so has consequences and may not ultimately be protective. To learn more, call The Law Office of Paul R. Moraski today.
The Law Requires Consent for Chemical Testing By Police
Police cannot force you to submit to blood or breath testing for alcohol, drugs, or other substances in Massachusetts when you are stopped under suspicion of OUI. However, if you refuse to consent to testing, you are in violation of the state’s implied consent laws. Implied consent laws hold that as a driver in our state, you have given your implied consent to consent to blood or breath testing when requested to do so by a law enforcement officer. As such, you can face an automatic license suspension for refusing to consent. In some cases, this may be a more tolerable consequence than being convicted of an OUI.
What Happens if You Don’t Consent?
However, be warned: just because you don’t consent does not mean that the police may not have access to blood results. If you are treated in a hospital and your blood is drawn for medical purposes, the prosecution could access these results and use them in court against you. Again, this is because the law only requires consent for police/law enforcement chemical testing without a warrant or your consent. Your consent will not be required for the prosecution to obtain or interpret these results.
Facing OUI Charges? Here’s What to Do
If you are facing OUI charges in Massachusetts, it’s important that you understand your rights. Again, you do not have to consent to a blood or breath alcohol testing. If you have consented or if the prosecution has gained access to the results of a blood test from your medical records, it’s important that you speak with a skilled criminal defense attorney as soon as possible. At The Law Office of Paul R. Moraski, our criminal defense attorney will help you to understand the charges you’re facing, review the prosecution’s evidence against you, build your case, and make sure your rights are protected throughout the entire process.
To learn more about your rights and start building your defense today, call our Massachusetts OUI defense attorneys directly at (978) 397-0011, or by using the intake form on our website. We are here to advocate for you!