Breathalyzer Refusals

Worcester DUI Defense Lawyers

When you sign for and obtain your Massachusetts driver's license, you agree to submit to a breath test or blood test to determine your blood alcohol concentration if you are lawfully arrested for OUI (Operating Under the Influence). As such, refusal will result in the immediate suspension of your driver's license.

The most common test administered to determine a driver's blood alcohol level is a Breathalyzer test, wherein a driver blows into a device that measures the level of alcohol in his or her breath. If you have been accused of a Breathalyzer refusal in Worcester County, Massachusetts, it is important that you consider consulting a Worcester DUI Attorney as soon as possible. You have the right to demand a hearing with the Massachusetts Registry of Motor Vehicles, but this must be done within 15 days of the date of your alleged Breathalyzer refusal. You will otherwise forever lose your ability to challenge your license suspension. An attorney can not only request the Registry Hearing for you; but he or she can also represent you at your hearing to help you seek a positive outcome.

Massachusetts Penalties for a Breath Test Refusal

The penalties for a Breathalyzer refusal in Massachusetts may vary depending on whether this is your first refusal and also if you have prior DUI or OUI convictions on your criminal record.

A first Breathalyzer refusal will result in a 6-month driver's license suspension.

If you are under 21 or have a prior conviction, you will face a 3-year license suspension.

If you have two prior convictions, you will face license suspension for 5 years.

If you have three prior convictions on your record, you will face lifetime driver's license revocation.

Attorneys for OUI/DUI Charges in Worcester, MA

The experienced Worcester DUI Defense Attorneys at The Massachusetts DUI Defense Group are here to help you if you or a loved one has been arrested for DUI/OUI and was accused of refusing a breath test or blood test. A lawyer at our firm can challenge your driver's license suspension by representing you at your Registry Hearing. There is generally no right to obtain a Hardship License after a Breathalyzer refusal, so it is of the utmost importance that you involve a DUI Lawyer who can aggressively assert your rights.