Massachusetts Breath Test Refusal

Under Massachusetts’ Implied Consent Law, any licensed driver in the state has given their consent to submit to a breath test if police have probable cause to suspect you were operating under the influence of drugs and/or alcohol. Therefore, because of this implied consent, any driver who refuses to provide a breath test sample can face harsh license penalties.



If you were arrested for OUI and refused to provide a breath test sample, the first step to take is to take contact a qualified OUI defense attorney. Next, you only have 15 days from the date of your arrest to request an appeal with the Registry of Motor Vehicles.

As mentioned earlier, refusing a breath test yields harsh penalties. One is that the Registry of Motor Vehicles will suspend your license without the possibility to apply for a hardship license to drive to work, school or a medical office. Please keep in mind that this is a civil proceeding. You still have to face penalties in criminal court for refusing to submit to a breath test.

While you have responsibilities as a licensed driver, police officers are also required to follow certain guidelines during an OUI arrest. For example, they must advise you of the consequences for refusing to give a breath test sample. They are also required to complete and submit proper paperwork. If they fail to do so, this may be ground for you to fight for your license during the Registry of Motor Vehicles appeal.

Your OUI defense attorney can help you during this civil proceeding as well as your criminal case.

Have a DUI/DWI/OUI related question? Stephen L. Jones is available 24-hours a day. Please call: (617) 851-7153