Do I have to take a field sobriety or breathalyzer test if the police direct me to do so? What happens if I decline taking the test?
There is no requirement for you to take the Field Sobriety tests and there is no penalty for declining to do so. In fact, refusing to take the field sobriety tests is often times a prudent decision because you are then limiting the government’s ability to obtain evidence against you. As far as the breath test, our OUI statute mandates that upon requests you must submit to a breath test, but you can decline to take a breath test but there will be a license suspension of 180 to Lifetime depending on how many prior offenses that you may have.
MASSACHUSETTS BOARD CERTIFIED DRUNK DRIVING DEFENSE LAWYER
Massachusetts board certified drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County. If you have been charged with drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.