Understanding Breath Test Refusals
In Massachusetts, anyone who has a driver's license has consented to a breath test if police suspect drunk driving. This is called "implied consent," and it means that if you are stopped for drunk driving and you refuse to take a Breathalyzer test, you could face severe penalties.
My name is Stephen E. Dawley, and I have more than 30 years of experience as a Framingham OUI Breathalyzer refusal attorney. I provide skilled, comprehensive DWI defense using the insight and knowledge I have gained over my long career. I believe strongly that everyone deserves a defense and I will work hard to build a strong defense for you.
To speak with me about OUI, Breathalyzer refusal or any other aspect of a drunk driving charge, call me at 508-283-3095 or e-mail my law firm.
What Happens When You Refuse a Breath Test?
Evidence of your refusal cannot be used against you at a trial, but a Breathalyzer refusal will result in an immediate 180-day suspension of your driver's license. It is important to understand that this suspension is administrative. It is separate from any criminal penalty that may be assessed. Within 15 days, you can appeal the suspension to the Massachusetts Registry of Motor Vehicles. I can use my vast experience in OUI and Breathalyzer refusal cases to help you file that appeal.
Due to Melanie's Law, the 180-day suspension for refusal applies only to first-time offenders over the age of 21. If you are under 21 or you have a previous OUI conviction, you face a three-year suspension. If you have two previous convictions, the suspension is five years. If you have three prior convictions, your license will be revoked for life.
Hardship Licenses
A hardship license is sometimes granted to OUI offenders to allow them to go to work or school. Generally, it is not possible to get a hardship license after refusing a breath test. However, I may be able to request a 24D disposition if you are a first-time offender, which is the only realistic way to get a hardship license immediately following a breath test refusal. If you are a multiple offender, you will not be eligible for a hardship license until after a lengthy suspension period.
Contact Natick DUI Hardship License Attorney
If you have questions about breath test refusal or about your eligibility for a hardship license, I am available to answer them. To schedule a consultation with an experienced lawyer, please call 508-283-3095 or send me an e-mail today.
