Do you hold a Massachusetts license? If so, know that you have already consented to taking a breath or a blood test if you are ever arrested for operating under the influence (OUI). Meaning, it is implied that if you have a MA driver’s license, you consent to a chemical test. Even if you do not hold a MA driver’s license, but are arrested for OUI in MA, you are also subject to MA’s implied consent law.
You have every right to refuse a chemical test (normally a breath test if you are being booking at the police station). And the booking officer is required to inform you of your right to refuse. If you do refuse, you are subject to a license suspension anywhere from six months for a first offense to life. However, if you do refuse, there are no enhanced penalties aside from the initial license suspension and the Commonwealth is unable to use your alleged blood alcohol content (BAC) against you. In most situations taking a test may not be in your best interest.
If you take the test and fail, meaning your BAC is 0.08 or higher, your license suspension will be for 30 days and the Commonwealth will try to use your BAC against you. Know the rules are different for some – for example, those under 21 and those who hold a commercial driver’s license.
If there were issues with your chemical test, for example, the officer did not read you the implied consent laws before you refused, you may appeal your license suspension.
Unsure of what to do when it comes to taking a chemical test? Have a question about a Massachusetts OUI? Want to appeal your refusal? Call Stephen L. Jones today at (617) 851-7154 or click here for a free consultation.