Law Offices of Lefteris K. Travayiakis P.C.

Call 617-657-2333 To Schedule Your Free Consultation

Law Offices of Lefteris K. Travayiakis P.C.
617-657-2333

Your Shield Against Criminal Prosecution

Lefteris K. Travayiakis

Breathalyzer Tests And Refusals: Know Your Rights With A Boston Lawyer

The legal blood alcohol content (BAC) limit is 0.08% in Massachusetts. Even a small amount of alcohol can lead to a BAC above this limit. While you have the right to refuse a breathalyzer test, it can result in severe penalties. 

The criminal defense lawyer at Law Offices of Lefteris K. Travayiakis, P.C., has provided aggressive legal representation in West Roxbury and surrounding communities for over 20 years. He has a strong record of securing acquittals and positive outcomes in pretrial motions. With his meticulous approach and extensive experience, attorney Travayiakis has the knowledge and skills necessary to challenge the prosecution’s case and fight for your rights.

What Are The Consequences Of Refusing A Breathalyzer Test In Massachusetts?

Refusing a breathalyzer test in Massachusetts will result in an automatic, mandatory suspension of a person’s driver’s license. This is a separate penalty from the OUI charge and will still occur regardless of the outcome of the case.

How long this suspension will take will depend on the defendant’s age, driving history and any prior OUI offenses or refusals. For drivers over 21 years of age:

  • No prior OUI offenses: 180-day suspension
  • One prior OUI offense: Three-year suspension
  • Two prior OUI offenses: Five-year suspension
  • Three or more prior OUI offenses: Lifetime suspension

For drivers between the ages 18 and 21:

  • No prior OUI offenses: Three years plus 180 days suspension
  • One prior OUI offense: Three years plus 180 days suspension
  • Two prior OUI offenses: Five years plus 180 days suspension
  • Three or more prior OUI offenses: Lifetime suspension

For drivers under the age of 18:

  • No prior OUI offenses: four-year suspension
  • One prior OUI offense: four-year suspension
  • Two prior OUI offenses: six-year suspension
  • Three or more prior OUI offenses: Lifetime suspension

Take note that police may deem an insufficient breath sample a “refusal.” However, recent legal developments show that if a person initially agreed to the test but truly couldn’t provide a proper sample, prosecution may still use this evidence against them in court.

Moreover, hardship licenses – which allow you to drive for crucial reasons such as work or medical appointments during specific hours – are not available to a person whose license was suspended for refusing a breathalyzer test. Melanie’s law, enacted in 2005, also mandates that authorities can impound one’s vehicle for up to 12 hours after refusing the test.

How Accurate Are Breathalyzer Tests?

The results of breathalyzer tests are not always accurate. Various factors can influence the results, ranging from the machine’s calibration to individual physiology. In February 2017, a Massachusetts judge ruled that the Alcotest 9510 machine was presumptively unreliable. This was due to the methodology used by the Office of Alcohol Testing (OAT) for annual device certification from June 2012 through September 14, 2014, which did not produce scientifically reliable results. This led to a period where district attorneys generally did not introduce breath test results in OUI prosecutions.

Further issues emerged in November 2018, when OAT failed to produce hundreds of discovery documents showing calibration issues with over 400 Draeger devices. The court set conditions for OAT, including accreditation and addressing the discovery failures. OAT subsequently achieved national accreditation in June 2019 from ANAB as a forensic calibration laboratory.

Can Breathalyzer Results Be Challenged in Court?

Yes, breathalyzer results, like all evidence, can be challenged in court. The court may consider the results unreliable or inadmissible in certain situations, such as if:

  • The police lacked reasonable suspicion for the stop or there was insufficient probable cause for an OUI arrest
  • Authorities failed to follow proper testing procedures 
  • There is evidence that there was an issue with the device used, given past issues with the Alcotest 9510

If a driver refused a breathalyzer but is later found not guilty or has their case dismissed, they may apply for license reinstatement. Massachusetts General Laws chapter 90, section 24(1)(f)(1) permits an immediate hearing before the court that handled the charges. At this hearing, there is a presumption that the license should be restored unless the commonwealth proves restoration would endanger public safety. This opportunity is typically a one-time event immediately following acquittal or dismissal.

Even if convicted of OUI/DUI after a breathalyzer refusal, Massachusetts General Laws chapter 90, section 24(1)(c) offers a mechanism to apply for a limited hardship or “Cinderella” license. However, individuals with lifetime license suspensions due to multiple offenses are generally not eligible.

Talk To A Seasoned Boston OUI Attorney Today

Attorney Travayiakis knows what is at stake with an OUI charge. Whether it’s your first offense or your third, an OUI conviction can leave a lasting impact on your life. This is why he treats every case with the utmost importance. 

Discuss your case with Mr. Travayiakis today. Call 617-657-2333 or fill out the online form to schedule your free initial consultation.