A look at both sides of the refusing a breath test controversy

| Apr 19, 2021 | Breath Test Refusal |

If a Massachusetts police officer pulls you over on suspicion of drunk driving, then they’ll likely ask you to complete a breath test. Law enforcement gives you an option to refuse to submit to a breath test if you want, but should you do that?

It would be irresponsible of us to tell you whether to take a breath test or refuse to comply with it. Any attorney advising you of your rights in an operating under the influence (OUI) case would likely recommend that you look at both sides of the issue before making a decision. 

What can happen if you refuse a breath test?

Police will likely take you into custody on suspicion of OUI if you refuse a breath test. They may also levy additional charges or penalties against you. 

Massachusetts is an implied consent state, which means that you provided your implied consent to a breath test when you received your driving privileges. However, many defendants and their attorneys believe that refusing a breath test could offer several advantages, including:

  • No recorded blood alcohol concentration (BAC) could mean the prosecution has little or no proof of your offense, making it challenging to convict
  • You can avoid a false breathalyzer reading when you are not drunk

As you can see, there’s little hard evidence to substantiate the offense if you reject the test.

Benefits associated with complying with a breathalyzer test

There are many advantages that you might derive by submitting to a breathalyzer test, including:

  • The breath test can prove that you are not driving drunk
  • You may avoid losing your driving privileges as occurs when you refuse to take the test

Put quite simply; you may save yourself a lot of legal wrangling by submitting to a breathalyzer test if you’re not intoxicated.

Making a decision in your situation

The decision is yours, but our attorneys urge you to learn more about breathalyzers and the consequences of refusing to submit to them before you decide. Please, continue exploring our website for additional information about OUI charges in New Bedford.