Salem, Massachusetts DUI Defense Lawyer
Many ask: "Should I refuse the breathalyzer test when they offer it to me?"
Massachusetts has adopted a per se law, where you can be convicted of OUI if the breathalyzer test records a .08 breath alcohol level or higher, with no impairment. For those under 21 years old the limit is .02, as little as one drink!
If you take the test and "fail" by registering a level of .08 or above, it is far more difficult for you to win at trial.
The license loss, just for refusing the test, even if you have never been or will not be convicted, can be up to 4 years if you are under 18; 3½ if you are between 18 and 21. For those over 21, the license loss for refusing to take the test is 180 days.
However, you can lose the right to drive for as much as your life, you if have admitted to and/or were convicted of drunk driving three or more times previously and then refuse the breathalyzer test when it is requested!
The State really wants you to take this test! Should you?
If you fail the test you generally only lose your license for 30 days, but you will also face conviction and a loss of license for that, which is then more likely if your lawyer cannot keep the breathalyzer results from being admitted at your trial. If you are under 21 and fail this test, the loss-of-license consequences are also more severe.
In cases where it is a first offense for Drink Driving or OUI drugs, the conviction or admission can usually be made less onerous, but it involves substantial fines as well as a year license loss, if you cannot complete the state-mandated 24D Program.
We have represented first through fourth offense OUI cases, including to Trial with findings of not guilty. We can also help those with very bad fact patterns for OUI alcohol or Drug charges, which would be difficult or impossible to explain or disprove at Trial obtain reasonable outcomes, avoid convictions or jail time and minimize the loss of license and monetary penalties.
Our skills at Arraignment and Bail Hearings, Bail Reviews and Dangerousness Hearings allow most clients to remain free and employed during the period before Trial.