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...
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...
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,...
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...
Does my refusal to take a breathalyzer have to come up in court?
In 2017, the Massachusetts State Supreme Court made a landmark decision. It removed a rule that for 15 years had dictated if juries should be informed by a judge of a suspects’ refusal to submit to a breath test. According to NBC Boston 10, the 4-3 ruling now...
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...
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...
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...
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...
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...
