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Written By: Matthew W. Peterson
Published: 06/18/2016
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The short answer is that it depends on how sure you are you can pass the breathalyzer. If you are positive you can pass, and take the breath test, but if you’re unsure, it’s usually best to refuse the breathalyzer.
Unsure if should you take a breathalyzer test? Some websites may tell you always to refuse the breathalyzer, but this isn’t always true. Refusing the breathalyzer means an unnecessary driver’s license suspension if you can pass.
Most states operate under “implied consent” laws, which means that by choosing to drive, you automatically consent to chemical testing if law enforcement suspects you of DUI. This legal framework is designed to deter impaired driving by ensuring that drivers understand their obligations when they are pulled over. If you refuse a breathalyzer test, you may face automatic penalties such as license suspension, which can last from several months to years depending on your prior offenses. For instance, in Massachusetts, refusing the test results in a mandatory one-year suspension for first-time offenders, while repeat offenders face even harsher penalties.
Moreover, refusing the test can complicate your legal defense if you are later charged with DUI. Prosecutors may argue that your refusal indicates guilt, potentially leading to enhanced penalties if convicted. This could include longer license suspensions and mandatory alcohol education programs. Therefore, understanding the implications of both taking and refusing the breathalyzer is crucial for anyone facing a DUI arrest.
It’s also important to remember that you must be lawfully arrested to be required to blow into a breathalyzer, which is at the station, or do any blood tests. If you have not been lawfully arrested for DUI and are then required to blow into the breathalyzer, this is not admissible against you. You must also be on a public road.
Here are the basic facts that you should consider when thinking about whether to blow into the breathalyzer test.
Refusing to blow into a breathalyzer carries a mandatory driver’s license suspension. Depending on how many prior OUIs you have, this could range from a few months to a few years to lifetime.
Massachusetts DUI law presumes you’re guilty of DUI if you have over .08 blood-alcohol in your blood, so blowing over that will almost guarantee a conviction for driving under the influence, meaning you have little chance of fighting it.
According to the Supreme Judicial Court, police in Massachusetts cannot draw your blood without your consent, even if they have a warrant. This was decided in November 2020.
If you have been arrested for DUI in Massachusetts, you are generally not looking at jail time in the typical case. Generally, the prosecutor will offer a CWOF or the 24D program. Any plea to an OUI will also result in an additional driver’s license suspension.
Navigating the complexities of DUI charges and breathalyzer tests underscores the importance of having experienced legal representation. The Law Office of Matthew Peterson specializes in DUI defense, providing expert guidance to help clients understand their rights and the best course of action based on their specific circumstances. An attorney from this firm can assist in challenging any evidence against you, including the circumstances surrounding your arrest and the administration of the breathalyzer test itself.
In many cases, legal counsel can negotiate plea deals or alternative sentencing options, such as participating in diversion programs that may mitigate penalties for first-time offenders. Engaging a knowledgeable attorney early in the process can significantly impact the outcome of your case. If you’ve been arrested for DUI or are uncertain about how to proceed after refusing a breathalyzer test, consulting with an attorney from the Law Office of Matthew Peterson can provide clarity and direction during this challenging time.
The decision of whether to blow into the breathalyzer is much more complicated than many people make it out to be. You have to consider whether it’s more important to keep your driver’s license or be able to fight the DUI later. If you have been charged with OUI, you need an experienced attorney to help. Call or text Matthew Peterson today at (617) 295-7500, and he would be glad to help.
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