If I’m pulled over for a traffic violation, can I be penalized for refusing to take a breathalyzer test?

While it may be tempting to refuse a DUI test, it is crucial to understand the possible advantages and consequences.

You have the right to refuse to submit to any type of sobriety test, including breathalyzers. However, your refusal can have several additional consequences. While no one can be forced to give testimony against themselves, implied consent laws operate under the theory that when driving on a public roadway, you consent to the rules regarding driving while intoxicated.

Implied consent law is active in Massachusetts, and means that if you refuse to submit to a chemical test, you will be subject to a fine and automatic license suspension ranging from 180 days to 5 years. The length of your suspension will vary depending on your offense.

It’s also important to know that DUI law is the exception to your constitutional right to remain silent. DUI law is one of the few which allow prosecutors to comment on a defendant’s right to remain silent in some states.

The decision to take a sobriety test is solely yours. Most states will not allow you to put off submitting a test until you call and consult with an attorney. In many cases, this invocation of the right to counsel will be considered a refusal of sobriety or breath tests.

If you know you are not intoxicated, you may want to consider taking the breath test or sobriety test. However, if you are visibly intoxicated, taking any type of sobriety test is only going to garner more evidence against you as you will likely be arrested either way.

For the most up-to-date information regarding DUI law, give our office a call.

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