Free Dui Consultation. Call Right Now.

breath test refusal Archives

Potential consequences of refusing a breath test

Many drivers are aware that they may be able to refuse a breath test in Massachusetts. While this may help them to avoid a drunk driver charge, it is not without consequences. According to Mass.gov, if a police officer suspects a driver of operating a vehicle under the influence, the officer may ask the driver to take a breath test.

Police can order blood drawn and tested while drunk drivers sleep

One of the main differences in Massachusetts drunk driving laws over other states is that drivers can currently refuse a breath test. However, what happens if drivers are asleep when the police conduct their search? Or, if they fall asleep while in police custody and after admitting to drunk driving? Can officers draw blood and test it for alcohol? Does that fall under implicit consent or is this unconstitutional?

Refusing a breath test does not eliminate DUI evidence

When a Massachusetts motorist is pulled over by the police on suspicion of a DUI, it is natural to want to avoid giving the police officer any incriminating evidence by avoiding a breathalyzer test. However, even if you are able to circumvent taking a breath test, this does not mean that a police officer could not offer other evidence that you had too many alcoholic drinks in your system while behind the wheel.

How do alcohol breath tests work?

Breath testing is commonly used in Massachusetts and throughout the U.S. by law enforcement agencies in order to identify if drivers are under the influence of alcohol. Under the state’s implied consent law, you could face serious civil penalties if you refuse a breath test. Therefore, it may be of benefit for you to understand how these machines work.

Underage drinking and breath test refusal

When someone is pulled over for DUI, they may be flooded with uncertainty and negative emotions such as extreme stress and fear. This can be a very difficult position to find yourself in, to say the least. Some people decide to refuse a breath test for various reasons, but it is important to be aware that doing so may lead to various consequences. We have discussed many of the consequences of breath test refusal and drunk driving in general on our blog. However, it is important to remember that a driver's age may also have an impact on the consequences they face.

Should you refuse or submit to taking the breathalizer test?

If you are pulled over in Massachusetts for suspicion of drunk driving, you are probably just a little stressed out. There are many things going on in your mind and you may not be thinking straight. To make things worse, the officer will ask if you are willing to take a breathalyzer, and your answer one way or the other can have serious consequences. Hopefully, you are a responsible driver and this scenario will never happen, but it is always good to have all the information possible so you can make the decision that is best for you.

False accusations of refusing a breath test

When it comes to drunk driving allegations, there are many different angles to consider. Aside from the penalties that may come with these allegations, some people face additional consequences because they refused to take a breath test. Moreover, there are unique situations which can further complicate a drunk driving case, such as someone who is falsely accused of refusing to take a breath test. If you have been falsely accused of breath test refusal, it is pivotal to not only understand what is at stake but to realize your legal rights as well.

What is implied consent?

When you obtain your Massachusetts driver's license, you may be warned that by completing the process you are now held to Massachusetts’s implied consent laws regarding operating under the influence. But what exactly does that mean, and how does it impact your given right to refuse a breath test?

Can you legally refuse a breath test in Massachusetts?

You may be tempted to try to sneak under the radar when driving under the influence on Massachusetts streets and highways. But when the inevitable happens and you are pulled over by the police for behavior indicative of drunken driving, you may feel, under implied consent standards, as though you have no choice but to submit to the breathalyzer test administered by the attending officer. This, in fact, is not true and you may have options other than taking a standard breath test.

There is no time to waste. Let us begin building a strong defense for you now.

Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

New Bedford Office
156 Eighth Street
New Bedford, MA 02740

Phone: 508-817-3194
Fax: 978-560-0901
New Bedford Law Office Map

Brighton Office
267 North Beacon Street
Suite 3
Brighton, MA 02135

Phone: 508-817-3194
Fax: 978-560-0901
Brighton Law Office Map