What happens if I refuse a breathalyzer in Massachusetts?
At the police station, you are informed that refusing to take the breath test will result in an automatic license suspension of 6 months if this is your first offense (or 3 years if under 21 years old), 3 years if this is your second offense, 5 years if this is your third offense, and a lifetime loss of license if this …
Is it better to take a breathalyzer or refuse?
In an ideal world, you would refuse both the breathalyzer and FSTs, and the government would have no case against you (except for the officer’s testimony). If you have consumed alcohol, the officer will be alerted to your red, watery, and bloodshot eyes, smell of alcohol, and slurred speech.
Can you decline a breathalyzer?
You Cannot Refuse the Chemical Breath Test without Penalty The breathalyzer test you are given at the police station after your arrest is mandatory, and if you refuse to take it, you are subject to additional penalties under California’s “implied consent” law.
Are breathalyzers admissible in court in Massachusetts?
Drunken Driving Cases. A breathalyzer test is administered. Breathalyzer tests are once again admissible as evidence in Massachusetts courts, after a judge barred them in January.
What is the penalty for a driver under 21 who refuses a breath test in Mass?
If you under the age of 21 and refuse to submit to a breath or chemical test, you will automatically be subject to penalties including: Fines. License suspension for first offense: 3 years. Suspension for Second Offense: 5 years.
Can I refuse a field sobriety test?
If an officer asks you to take a field sobriety test, you do have the right to refuse. You cannot be prosecuted for refusing a field sobriety test unlike the chemical test. Field sobriety tests are not scientific. They are what police often use as a basis for a DUI arrest.
Do Breathalyzers hold up in court?
The reading of the breath test on a portable device is not admissible in court. Although the results of the test carried out on a portable breathalyzer are not admissible in court, prosecutors often have the officer testify that they gave a defendant a portable breath test and then arrested them.
Can you refuse field sobriety test Massachusetts?
In Massachusetts, you are under no legal obligation to take field sobriety tests and can refuse the tests without any adverse consequences. A refusal to take field sobriety tests cannot be admitted into evidence at your trial for OUI.
What happens if you refuse to take a breathalyzer test in Ma?
The penalties for a DUI conviction are more severe than the initial 180-day license suspension. The absence of chemical testing evidence may be favorable to your defense. If you refused a breathalyzer test in Massachusetts, consult with an attorney immediately.
What is the legal BAC for a breathalyzer in Massachusetts?
If you submit to a Breathalyzer Test, you should know that the legal-limit in Massachusetts for Blood-Alcohol Content (BAC) is a reading of 0.08%, which is relatively low. For many, studies have shown that even one beer or two can cause someone to fail the Breathalyzer Test if taken within an hour of the last drink.
Do you have to take a breathalyzer if you have a suspended license?
The longer license suspension may encourage you to submit to the breathalyzer, which is the intent behind the law. However, what the police do not tell you, is that without a failed breath test to use against you in court, the prosecution might have a very tough time proving that you were actually impaired by alcohol.
How to prove under the influence of alcohol in Massachusetts?
In Massachusetts, there are two ways that the prosecution can prove that you were “under the influence of alcohol” while operating a motor vehicle on a public way. This first is the “per se” violation, where the prosecution just needs to prove that your blood alcohol concentration was .08 or higher.