Just to be prepared, If I’m stopped by the police or MA state trooper and he asks me if I’ve been drinking, what should I say? I think I should decline taking a breathalyzer, is that right?
If stopped by a police officer and asked whether or not you have been drinking it is ok to tell the officer/trooper that you have had a responsible amount of alcohol (couple beers/drinks) because it is not illegal to drink alcohol and drive. It is my suggestion that clients refuse to take the breath test because it is easy to reach the legal limit of .08 and the machine can often times be wrong or result in a false positive.
Massachusetts board certified drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts and the communities of Barnstable, Bristol, Essex, Norfolk, Plymouth and Worcester Counties.