Breath Blood Test in Massachusetts

If you are stopped for an OUI in the state of Massachusetts, you can expect that the arresting officer will ask that you submit to a breath test as a way to confirm their suspicions that you are, in fact, operating your motor vehicle under the influence of alcohol or other drugs. However, since they are not able to administer these exams without your consent, you may find yourself wondering what to do: should you take the breath test? Should you refuse it? What are the penalties if you decide one way or the other? These are all extremely important questions to ask, and ones that we will be happy to help you with.

If you have been arrested for an OUI and either refused or accepted a breath test that showed you were operating over the legal blood alcohol, or BAC, (0.08%), it is extremely important that you hire an attorney as soon as possible. In some cases, even a single drink can put you over the limit for BAC, and that one number can have serious consequences on your life, whether this is your first OUI arrest, or if you have a history of OUI offenses.

Call us now for a free consultation about your arrest, charges, possible penalties, and to learn about how we will help represent you through your case. Our experience with representing OUI defendants in Massachusetts will be an enormous asset to your own case. Read more below about how a Breathalyzer test (or Breathalyzer refusal) will factor into your charges and your case below.

What Is a Breathalyzer Test?

The term breath test can be a little misleading. Although, the test uses a breath sample, what it is testing is the subject’s blood alcohol concentration (BAC). “Breathalyzer” is a generic trademark and the product name of a device used by law enforcement to test an individual’s BAC to ensure that they are operating within the legal limit. If a driver is found to exceed the legal limit, then they will be arrested for Operating Under the Influence.

In order to read BAC, the individual must blow into a tube and into the machine, which then registers the amount of ethanol present in their breath. This does not provide a one-to-one of the true blood alcohol content, but instead gives the police an idea of the alcohol that the individual has consumed, which gives them a probable cause for arrest.

Does a Breathalyzer Give Accurate Results?

A Breathalyzer, like any machine, has a margin of error that can be greatly impacted by a variety of factors present. If the test-taker has a higher body temperature, the machine will register more alcohol on their breath than at a lower temperature, and can be impacted by other factors such as blood composition, or the length of time since the alcohol had been consumed. The more recently the test-taker has consumed alcohol, the higher the results will read.

Can I Refuse a Breathalyzer Test?

You are under no legal obligation to submit to a Breathalyzer test if you are stopped on suspicion of operating a motor vehicle under the influence of alcohol or other drugs, and your refusal cannot be used against you during your trial. This is an important detail to know, but it does not mean that you will not suffer consequences for your refusal.

If you refuse to submit to a Breathalyzer test, you will automatically have your license suspended. The length of the suspension depends on your age, as well as your history of OUI conviction.

Over 21 and Refusing a Breathalyzer

  • No Prior OUI – 180-day license suspension
  • 1 prior OUI conviction – 3-year license suspension
  • 2 prior OUI convictions – 5-year license suspension
  • 3 prior OUI convictions – Lifetime loss of driving privileges

In addition, your car will automatically be impounded for 12 hours in accordance with Melanie’s Law, which was enacted in 2005 to add stricter penalties to all OUI-related arrests in Massachusetts.

Over 18, Under 21 and Refusing a Breathalyzer

If you are between the ages of  18 and 21 and refuse a Breathalyzer test, you will automatically lose your license for the following lengths:

  • No Prior OUI – 3.5-year license suspension
  • 1 prior OUI conviction – 3.5-year license suspension
  • 2 prior OUI convictions – 5.5-year license suspension
  • 3 prior OUI convictions – Lifetime loss of driving privileges

Under 18 and Refusing a Breathalyzer

  • No Prior OUI – 4-year license suspension
  • 1 prior OUI conviction – 4-year license suspension
  • 2 prior OUI convictions – 6-year license suspension
  • 3 prior OUI convictions – Lifetime loss of driving privileges

As you can see, refusing to submit to a Breathalyzer test in Massachusetts is not going to keep you from dealing with any legal repercussions. In fact, you will still need to undergo much of the same process through court as you would if you had taken it, but we will change our defense to account for the fact that this information is not present in the case. Contact us today to get started on your own defense, whether you have failed a Breathalyzer or refused to submit to one.

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