When someone is pulled over on suspicion of driving under the influence in Massachusetts, the police may ask for a chemical test, usually a breath, blood, or urine test. Refusing this test can lead to serious consequences, both legally and personally. Understanding what happens if someone refuses the test is important to know before making that decision.
Often time, the stopping police officer may ask the driver to submit to a portable breath test on scene. This test is different from the breathalyzer test that is offered at the police station following an OUI arrest. The key difference is that, although the portable breath test, if the reading reaches or exceeds 0.08% blood alcohol content it may provide probable cause for arrest, the portable breath test reading is not admissible in court. Only the formal breath testing device reading taken at the police station is admissible as evidence against the person in their OUI criminal case.
What is the implied consent law in Massachusetts?
Massachusetts has an implied consent law, meaning that by driving on the state’s roads, a driver automatically agrees to take a chemical test if requested by a police officer during an OUI (Operating Under the Influence) stop. If a driver refuses, they can face automatic penalties, even if they are not convicted of OUI.
What are the license suspension penalties for a breathalyzer refusal?
One of the most immediate consequences of refusing a chemical test in Massachusetts is a license suspension. For a first offense, the suspension lasts for 180 days. For subsequent refusals, the suspension time increases, and a third refusal can lead to a suspension for life.
It is important to note that, the penalty and license suspension for refusing to submit to a breathalyzer test is separate and apart from any suspension the person may be face as a result of their criminal case. For example, a person may refuse the breathalyzer when stopped for OUI and an automatic license suspension may be imposed; and the person may also be subject to an additional license suspension as a result of their criminal case if convicted or the case is resolved by an admission to sufficient facts.
If a driver refused a breathalyzer test but the person is later found not guilty or has their case OUI criminal case dismissed, they may be eligible for reinstatement of their driver’s license. The driver would be entitled to a hearing and the presumption is that the license should be restored unless the Commonwealth proves that reinstatement would endanger the safety of the public.
Are there increased penalties for breathalyzer refusals?
If a person refuses the test and is later convicted of OUI, the refusal can result in harsher penalties. The judge may impose a longer license suspension and increased fines. A refusal can also be used as evidence in the OUI case, making it more difficult to challenge the charge.
Could refusing a breathalyzer impact future cases?
Refusing a chemical test can have long-term effects on a driver’s record. Future offenses may carry heavier penalties, as prior refusals or OUI convictions will be factored into the sentencing.
Choosing whether or not to refuse a chemical test is not a decision to take lightly. It’s important to weigh the legal consequences of refusing against the potential outcomes of taking the test.