In Massachusetts, all drivers who hold a license are obligated to meet certain standards and expectations. For example, drivers are expected to demonstrate a high level of care when operating their motor vehicles, to refrain from ingesting any intoxicating substances before driving, and to consent to blood and breath alcohol testing if requested to do so by a law enforcement officer. If an individual refuses the latter, they could face penalties. Here’s what you should know about the penalties for refusing the breathalyzer in Massachusetts and how an attorney can help —

When Are You Required to Consent to Breath or Blood Testing?

Massachusetts is what’s known as an implied consent state. This means that all drivers who hold a driver’s license have given their implied consent to consent to blood or breath testing if a law enforcement officer asks them to do so. This means that by refusing blood or breath testing, you are violating the state’s implied consent laws and could face penalties. 

Penalties for Refusing the Breathalyzer

If you breach the state’s implied consent laws by refusing to submit to a blood or breath alcohol test, you will face penalties. In most cases, here’s what will happen:

• The officer who is requesting that you consent to blood or breath testing (and who you are refusing) will likely arrest you immediately. 
• You will have your driver’s license suspended — effective immediately. (See more details on length of suspension below.) 
• Your motor vehicle will be impounded for 12 hours. 

The amount of time for which your license may be suspended/revoked will depend on whether or not you have any prior Operating Under the Influence (OUI) charges on your record. For no prior offenses, the suspension period is six months/180 days. For a single OUI on your record, this revocation period increases to three years. And if you have three or more OUIs on your record, a refusal will result in a lifetime license suspension. 

Defenses Against Refusal Penalties

In some cases, you may believe that the penalties against you have been levied in error and may have a case to defend yourself against your refusal to bend to the state’s implied consent laws. For example, you could argue that the traffic stop was made in error and in violation of your legal rights. Another example may be a case in which you did not understand the officer’s instructions — for example, if there was a language barrier — and therefore did not intentionally refuse the test.

How a Massachusetts Criminal Defense Attorney Can Help 

Losing a driver’s license can be more than a headache — it can make it difficult or impossible to perform necessary tasks and fulfill responsibilities. If you are facing penalties for a refusal, it’s strongly recommended that you consult with an attorney who can advocate for you. At the Law Office of Paul R. Moraski, our Massachusetts criminal defense attorney understands what you’re going through and has the experience you deserve. Call today at (978) 397-0011 or reach out online to learn more.