Submitted by Gecko97 on Mon, 05/18/2009 - 08:47
OK, thanks for the info about the field sobriety test. So what about Breathalyzer tests? Can I refuse to take that or does MA law force me to take it?
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Editor's Response
Tricky question. In Massachusetts, the police might request that you take a breath test, aka breathalyzer. It is also possible that, if you are arrested for OUI and transported to a hospital for treatment, they will offer you a blood test. You can refuse either of these 'chemical tests.' However, if you do refuse, your license will be suspended for 180 days (assuming this is your first offense). My research indicates that most MA criminal law attorneys who do this type of work advise people to refuse the chemical test, citing question of reliability. Your refusal to take the chemical test cannot be used against you in court, and it is also possible to appeal the 180 day suspension. For a more in depth discussion, follow this link to a post regarding whether MA drivers should take the Breathalyzer test. Please tell your friends about The Forum.