DUI Lawyer On The South Coast
What if you refuse a breathalyzer test?
If you refuse the breathalyzer test at the police station after being arrested, your license will be suspended for 180 days if it is your first offense OUI charge. If it is your second offense or you are under 21 years of age, refusal could result in suspension for three years. These harsh laws were put in place to encourage drivers to take the breathalyzer tests rather than risk an automatic suspension of your license. Although you could choose to not take the test and attempt to overturn the suspension in court, if you do not win you will automatically be without a license.
Attorney for DUI Defense in Southeastern Massachusetts
If you do take the breathalyzer test, it can be attacked for failure of the Commonwealth to comply with strict test taking requirements, or for other reasons listed below:
- The initial police stop was unjustified in the first place, thus triggering a Motion to Suppress the Evidence
- The test was not performed by a certified breath-test operator
- The breathalyzer machine was not certified
- The Defendant was not observed for 15 minutes before the test was administered
Almost all experts concede that one breath test alone is unreliable. Quite often, defenses used against the machine can result in charge reductions, lesser penalties and even dismissal of your case. Our DUI Defense Attorneys in Southeastern Massachusetts can retain a forensic alcohol expert who can testify at Trial if necessary and project what your blood alcohol level may have been at the time of driving, and revealing any inaccuracies regarding your test.
Our South Shore, South Coast, Cape Cod, and South Eastern Massachusetts DUI Defense Attorneys serve clients in Barnstable County, Bristol County, Dukes County, Norfolk County, and Plymouth County, Massachusetts. We also serve the communities of Abington, Acushnet, Avon, Berkley, Braintree, Bridgewater, Brockton, Canton, Carver, Cohasset, Dartmouth, Duxbury, Easton, Fairhaven, Fall River, Foxboro, Franklin, Freetown, Halifax, Hanover, Hanson, Hingham, Holbrook, Hull, Kingston, Lakeville, Marion, Marshfield, Mattapoisett, Medway, Middleboro, Millis, and Milton, among others. Contact our office today for a free initial consultation!
When it comes to litigating breathalyzer refusal cases, our attorneys vigorously and tirelessly fight for clients, both in the District Court and at the Registry of Motor Vehicles (RMV). Our motto of "All Cases, All Hours, All Courts" explains our determination, drive, and accountability in obtaining the best possible result for our clients. Learn more about Massachusetts DUI laws in our FAQ Section, and then call (800) 838-6684 for a FREE Case Evaluation or contact us online.