If a police officer stops you for suspected drunk driving in Massachusetts, you may wonder whether you should refuse a breathalyzer test. Knowing the consequences of refusing the test can help you make an informed decision.
What is the implied consent law?
Massachusetts is an implied consent state. By driving on public roads, you are deemed to have consented to chemical testing under certain circumstances if an officer suspects you are driving under the influence. Chemical testing generally includes breath or blood testing, depending on the circumstances. Refusing a breathalyzer test violates that implied consent requirement, which typically subjects you to legal penalties.
The consequences for refusing a breathalyzer test are separate from penalties you might face for an OUI conviction. Many drivers do not realize that a refusal alone can lead to punishment, even if they were not intoxicated.
What are the state’s license suspension penalties?
Refusing a breathalyzer test in Massachusetts triggers an automatic license suspension. For a first refusal, you will generally face a 180-day suspension of your driver’s license. This suspension starts right away, even before your case goes to court.
Penalties may become more severe if you have prior OUI convictions or past breathalyzer refusals. A second refusal leads to a three-year suspension. A third refusal results in a five-year suspension. These penalties can make it harder to work, attend school and handle your daily responsibilities.
What other consequences should you consider?
Refusing the breathalyzer test does not guarantee that you will avoid an OUI conviction. The police can still arrest you based on other evidence, including field sobriety tests, driving behavior or signs of intoxication. Understanding the consequences of refusal can help you weigh those considerations more carefully.
Your awareness can protect your interests during a traffic stop
Knowing the consequences of refusing a breathalyzer test can help you make better decisions during a traffic stop. While refusal may seem like a way to avoid incriminating evidence, it can lead to serious penalties and make your defense harder. Before refusing a test, consider how that decision could affect both your driving privileges and your legal case.