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Refusing Breah Test

Those who are stopped at a roadside police check, or who have been stopped by an officer on a Massachusetts roadway may refuse to take the breathalyzer test. There are many good reasons not to take the test. However, refusing the breathalyzer test means your license will be suspended immediately and you will need to appeal to get it back. You need to launch an appeal process right away in order to request a hearing before the (RMV) Registry of Motor Vehicles in order to contest the license suspension.

The Massachusetts Registry of Motor Vehicles will not issue work or daytime hardship licenses for breath test refusal suspensions. You will either get your drivers license returned to you or you may not get it back at all. It is worth it to launch the appeal process in the District Court since permanent loss of your license may not be an acceptable option for you. A good MA OUI lawyer can help you understand your rights and the consequences of your decisions.

The recent amendment to the per se law includes this provision: If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the Commonwealth shall be suspended for at least a period of 180 days up to life.

Any person who is under the age of 21 or who has been previously convicted of a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; and provided further, that any person previously convicted 2 times for a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 5 years for such refusal.

Finally, any person previously convicted 3 or more times for a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended for life.

If you or someone you know has been charged with drunk driving, call Ed Sharkansky and fight those OUI charges. A good OUI Lawyer in Boston is the right decision.

If you live in the following MA localities, we may be able to represent you in your OUIcase: Norfolk, Barnstable, Bristol, Plymouth, and Middlesex counties, and the towns of Middleboro, Dorchester, Dorchester Heights, Brockton, Stoughton, Easton,
Whitman,Quincy, Abington, Holbrook, Chelsea, Canton, Cambridge, Brookline, Revere,
Braintree,Bridgewater, Avon, Mansfield, Lowell, Kingston, Hanson, Franklin, Foxborough,Raynham, Framinghham, Pembroke, Rockland, Newton, Halifax, Weymouth, Whitman,Sharon, Milton, and Walpole.

1

Have you been charged for operating under the influence?

2

Was your license suspended for a breath test refusal?

If you took the breath test what were the results:

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3

Did you take a field sobriety test?

Choose all that apply:

  • Recite Alphabet
  • Count Backwards
  • 1 Leg Stand
  • Heel to Toe Walk
  • Horizontal Gaze
  • Finger to Nose

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4

Do you have prior OUI offenses?

How many:

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5

Were you in an accident?

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6

Were you stopped (pulled over) by the police but not in an accident?

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7

Was any alcohol found in your vehicle?

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8

Did you tell the police that you consumed alcohol:

How many drinks:

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9

Did you receive a citation at the time of your arrest?

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