How to Beat a Breathalyzer Test in MA

 Breath Test Refusals In Massachusetts


In Massachusetts “implied consen,” means that if you are stopped for drunk driving you must agree to take a breathalyzer test or face severe penalties.

My name is Stephen E. Dawley. For more more than 30 years I have been a Framingham OUI/DUI breathalyzer refusal attorney. I know the law and can use my experience and knowledge to provide skilled representation for OUI/DUI cases. I will give you the well-prepared effective defense that you deserve.

Feel free to call about OUI, breathalyzer refusal or any other aspect of OUI/DUI cases at 508-308-8191 or e-mail me at

What Refusing A Breathalyzer Test Means

Although a breathalyzer test refusal is not admissible in court, it will result in an immediate 180-day suspension of your driver’s license for a first offense. The suspension is done by the Registry of Motor Vehicles. Within 15 days, you can appeal the suspension to the RMV if there are grounds. I can help with this or any other OUI/DUI driver’s license issues.

Under Melanie’s Law if you are younger than 21 when you are stopped, or have one prior offense, you can face a three year suspension for a breathalyzer refusal. For two previous convictions, the suspension is five years. For three prior convictions, your license will be revoked for life.

 Hardship License Lawyer Representation

A hardship license is sometimes granted to OUI offenders by the RMV for purposes of work or school. Generally, it is not possible to get a hardship license for a breath test suspension. With a so-called “24D” disposition there is a procedure to get a hardship license. For repeat offenders, a hardship license is generally not available until after a lengthy suspension.