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breath test refusal Archives

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.

Implied consent and DUI penalties

Drivers who are suspected of driving under the influence of alcohol in Massachusetts will be asked to partake in a series of tests. One of these is a roadside breathalyzer, which measures the amount of alcohol in the system. Some drivers may think that the tests are voluntary and that there is no penalty for refusing them. However, while people have the right to say no, there are penalties involved due to implied consent.

Pros and cons of taking the breathalyzer

Drivers who have been drinking in Massachusetts and are stopped by the police will be asked to take a roadside breathalyzer test. While it is ultimately the driver's choice whether to take the test or not, there are things to be aware of so the right decision can be made. According to Massachusetts Law, drivers are unable to contact an attorney about the decision beforehand, so knowing the pros and cons is important.

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