Massachusetts Breathalyzer Refusal

Being pulled over for a suspected OUI is one of the most harrowing experiences you can have. Suddenly, every single decision you make and word you say could have profound impacts on the rest of your life.

Here at Fogarty Law, some of the questions we hear most often concerning OUIs relate to breathalyzer refusal in Massachusetts.

And with over 10 years of experience, Courtney K. Fogarty is extremely familiar with how confusing and overwhelming the entire process might be for you.

That’s why we offer 60-minute initial consultations, free of charge, to our potential clients. If you have questions about how to resolve your breathalyzer refusal in Massachusetts, contact New Bedford OUI lawyer Courtney K. Fogarty today.

What is a Breathalyzer Test in the Context of Massachusetts OUI Laws?

In the context of Massachusetts OUI laws, a breathalyzer test is a device used to measure your breath and calculate your blood alcohol content (BAC), or how much alcohol is in your system. In Massachusetts, the legal limit for operating a motor vehicle is .08%.

You should also know there’s a difference between a “breath test” and a breathalyzer in MA. The breath test is typically conducted during the traffic stop with a portable breath test machine (PBT).

A breathalyzer test, on the other hand, usually means a chemical test conducted via a breathalyzer at the police station.

Lastly, keep in mind that Massachusetts is an implied consent state. This means no matter what state in the US issued your driver’s license, you give consent for chemical tests (breath, blood, etc.) if you’re suspected of OUI by an MA law enforcement official.

Breathalyzer refusal in Massachusetts means an immediate administrative penalty, including suspension of your license.

Why You Might Refuse a Breathalyzer Test In Massachusetts

Frankly, whether you should refuse the breathalyzer test isn’t a cut-and-dry answer. It’s true that the period of license suspension is longer for refusing than for failing the test.

The thing is, agreeing to the breathalyzer means you’re helping the prosecution build their case against you.

And depending on any past convictions you have, the penalties of being convicted can cast a long shadow over your life—often for years to come.

You might refuse a breathalyzer test if you feel the penalties of an OUI conviction (fees, fines, a criminal record, probation, mandatory alcohol education, etc.) outweigh the automatic license suspension that comes with refusing.

It’s always best to consult with an experienced Massachusetts OUI lawyer like Courtney K. Fogarty of Fogarty Law to determine when you should and shouldn’t refuse a breathalyzer test.

Penalties for Breathalyzer Refusal in Massachusetts

The immediate penalties you can face for breathalyzer refusal in Massachusetts include:

• Revocation/suspension of your driver’s license or learner’s permit
• Vehicle impoundment for 12 hours 

The revocation/suspension periods are as follows for all drivers age 21 and older:

• 180 days if you have no prior OUIs
• Three years if you have one prior OUI
• Five years if you have two prior OUIs
• Lifetime/permanent if you have three or more OUIs

And if you’re ultimately convicted of OUI, you’ll also face additional penalties depending on the details of your sentence.

How to Get Your Driver’s License Reinstated After Refusing the Breathalyzer

To get your driver’s license reinstated after a breathalyzer refusal in Massachusetts, you’ll typically take one of two paths:

1. Appeal your license suspension directly to the RMV no later than 15 days after your arrest.
2. Appeal to the presiding District Court judge.

The RMV Board of Appeals doesn’t have the jurisdiction to make rulings related to breathalyzer refusals, also known as CTR (chemical test refusal) suspensions. While you’d normally appeal to the Board to get your license reinstated, they specifically can’t hear appeals related to CTR suspensions and revocations.

Breathalyzer Refusal in Massachusetts FAQs

Is breathalyzer refusal admissible in court as evidence of intoxication?

No, breathalyzer refusal is not admissible in court as evidence of intoxication in the state of Massachusetts.

Repeatedly, the Supreme Court of Massachusetts has ruled that allowing this would violate your constitutional right against self-incrimination (Massachusetts Declaration of Rights, Article 12)

Am I eligible for a hardship license if I refuse a breathalyzer test?

You might be eligible for a hardship license if you refuse a breathalyzer in Massachusetts.

The only way one can procure a hardship license in Massachusetts after refusing the breathalyzer is, in the case of an OUI first offense, to plead guilty to, or admit to the case, and enroll in the 24D program. Of course, ultimately, the final decision is up to the Registry of Motor Vehicles (RMV). Working with a skilled Massachusetts OUI lawyer like Courtney K. Fogarty is the best way to understand your rights and options for getting a hardship license.

Can I change my mind and take the test after initially refusing?

You might be able to change your mind and take the breathalyzer test after initially refusing. The biggest factors are usually how long ago your initial refusal was, and your rapport with the arresting officer.

All in all, an officer may deny you the ability to recant the refusal.

If they’ve already processed your case as a breathalyzer refusal, for example, you may not be given the option.

Can I challenge the accuracy of a breathalyzer in court?

Yes, in Massachusetts, you can challenge the accuracy of a breathalyzer in court. In fact, an MA District Court judge ruled in 2019 that most breathalyzer test results were inadmissible in court until the Office of Alcohol Testing earned national accreditation.

This demonstrates that you absolutely can successfully challenge the accuracy of a breathalyzer in court. However, you’d need to submit to the breathalyzer test in order to challenge its accuracy.

Can employment opportunities be affected by a record of breathalyzer refusal?

Yes, your employment opportunities can be affected by a record of breathalyzer refusal in Massachusetts. This depends on the details of your case, like whether or not you were convicted following your arrest.

Per Massachusetts law, employers can’t make any kind of employment decision based on an arrest that didn’t result in your conviction.

But if you were convicted, and a potential employer sees your history of impaired driving and refusing to cooperate with law enforcement, this could very much impact their hiring decision.

Why Hiring an OUI Defense Attorney Should Be Your Next Step After Breathalyzer Refusal in Massachusetts

One of the biggest things to keep in mind is that Massachusetts has some of the most severe OUI and breathalyzer refusal laws in the USA. As a result, fighting these charges on your own and understanding the complex MA legal system is incredibly difficult.

When you work with a focused, experienced Massachusetts OUI defense attorney like Courtney K. Fogarty, you can rest easy knowing your rights are being protected during every step as you work towards winning a favorable outcome.

Why leave your freedom and future up to chance? If you need to resolve a breathalyzer refusal in Massachusetts, contact Fogarty Law today to book your free 60-minute consultation.