Think back to the day you received your driver's license. Most likely, there was a long line and a few forms to sign before you left. Little did you know then that once you signed the paperwork and received your Massachusetts driver's license, you were agreeing to the state's Implied Consent Law.
What is Implied Consent?
All states have enacted an Implied Consent Law as a way of getting those suspected of drinking and driving to submit to a breath or blood test. Any holder of a Massachusetts' driver's license has already given their consent to take a chemical test should police have probable cause they are operating a vehicle under the influence of drugs and/or alcohol.
The police must advise you of the consequences of refusing a breath test.
You should also be aware that there are harsh license penalties for refusing a chemical test. Beginning with a civil proceeding, you must request an appeal with the Registry of Motor Vehicles within 15 days of your arrest.
In most situations taking a test may not be in your best interest.
An experienced OUI defense attorney will tell you that there are a number of ways your case can be defended. For example, police must have probable cause to request a breath test and you must have been stopped legally. Your Miranda rights should also have been read if you were arrested.