In Massachusetts, if you are pulled over on suspicion of drunk driving, you will be asked to submit to a breathalyzer test to measure your blood alcohol content (BAC). If you refuse the test, you have not committed a crime – but your license will be automatically suspended for at least 180 days.
Will my license be suspended if I refuse a breathalyzer test?
If you are arrested for an OUI in Massachusetts, it is important to be aware that there can be two separate license suspensions in play.
- The first is the suspension that is effective immediately after the breathalyzer test refusal or failure. This suspension can last from 180 days to a lifetime, depending on the prior OUI conviction history of the individual.
- The second, additional license suspension occurs if the individual is found guilty or accepts a plea at the case conclusion.
It is extremely important to understand the consequences before deciding to refuse a breathalyzer test. Retaining the services of an experienced DUI defense lawyer could not be more important. An attorney at Gilman Law has extensive knowledge of the laws associated with OUI arrests, breathalyzers, and license reinstatement with the RMV, and develops legal and administrative strategies tailored to get results.
If you are arrested and are alleged to have refused the breathalyzer test, you only have 15-days from your arrest to challenge the refusal suspension. The appeal must be started at the Boston Registry of Motor Vehicles within 15-days of your arrest. These are very detailed and narrow appeals. Our attorneys have appealed hundreds of these suspensions and have the experience to appeal these lengthy suspensions.
