When it comes to OUI arrests in Massachusetts, one of the main tools that the authorities will use is a breath test or a chemical test. They can use a Breathalyzer to check a person’s blood alcohol concentration (BAC). Exceeding the legal limit of 0.08% can lead to an arrest.
But what if you get pulled over and you do not want to take the breath test? Are you allowed to refuse the test, or are you obligated to take it?
Massachusetts is an implied consent state
Like other states, Massachusetts uses implied consent laws. If there is reasonable suspicion for a traffic stop, drivers have already given their consent to take the test.
As such, if you were to refuse that test, you would violate these implied consent laws. The officer can then immediately take away your driver’s license, provide you with written notification and inform you that you are not going to be given a temporary driver’s license. They need to notify the RMV, and they also have the authority to impound your car for the next 12 hours.
It is worth noting that this is not a criminal offense. However, since these legal statutes are in place, breath tests are a statutory requirement. By violating that statute, you trigger an administrative suspension of your driver’s license.
This is true even if you did not consume any alcohol and were not under the influence. Refusing the test is still a violation of the implied consent law.
Your defense options
It is very important to understand how drunk driving law works in Massachusetts, especially if you are facing charges and you have never been arrested before. It can help to work with an experienced OUI defense attorney.