• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parker Scheer

Experience Trial Attorneys

Request a free consultation, 7 DAYS a week
BOS: (617) 886-0500


NYC: (212) 897-2223

  • Home
  • Attorneys
    • Eric J. Parker
    • Barry Scheer
    • Susan Bourque
    • Debora Concepcion
    • Ryan Kelly
    • Heather Boutet
    • Vincent Tofani
    • Lisa Scalisi
    • Legal Support Staff
      • Amanda Benjamin
      • Ashley R. Foster
      • Nicole J. Hadaya
      • Caroline A. Ottoboni
      • Haley Dionne
  • About Us
    • Reviews
    • Case Results
    • Blog
    • In The News
  • Our Practice
    • Personal Injury Lawyer
      • Medical Malpractice
      • Car Accident Lawyer
      • Pedestrian Accidents
      • Rideshare Accident Lawyer
      • Dog Bite Lawyer
      • Motorcycle Accident Lawyer
      • Nursing Home Abuse
      • Birth Injuries
      • Burn Injury Lawyers
      • Construction Site Accidents
      • Negligent Security
      • Injuries from Wooden Porch or Deck Collapse
      • Product Liability
      • Bicycle Accidents
      • MBTA Accidents
      • Wrongful Death Attorney
      • Food Poisoning
      • Sexual Harassment
      • Aviation Injuries
      • Slip and Fall Accidents
    • Business Litigation
    • Real Estate Law
    • Workers’ Compensation
    • Criminal Defense
  • Contact Us
    • Where We Practice
Call
Contact
Blog
  • Home
  • Attorneys
    • Eric J. Parker
    • Barry Scheer
    • Susan Bourque
    • Debora Concepcion
    • Ryan Kelly
    • Heather Boutet
    • Vincent Tofani
    • Lisa Scalisi
    • Legal Support Staff
      • Amanda Benjamin
      • Ashley R. Foster
      • Nicole J. Hadaya
      • Caroline A. Ottoboni
      • Haley Dionne
  • About Us
    • Reviews
    • Case Results
    • Blog
    • In The News
  • Our Practice
    • Personal Injury Lawyer
      • Medical Malpractice
      • Car Accident Lawyer
      • Pedestrian Accidents
      • Rideshare Accident Lawyer
      • Dog Bite Lawyer
      • Motorcycle Accident Lawyer
      • Nursing Home Abuse
      • Birth Injuries
      • Burn Injury Lawyers
      • Construction Site Accidents
      • Negligent Security
      • Injuries from Wooden Porch or Deck Collapse
      • Product Liability
      • Bicycle Accidents
      • MBTA Accidents
      • Wrongful Death Attorney
      • Food Poisoning
      • Sexual Harassment
      • Aviation Injuries
      • Slip and Fall Accidents
    • Business Litigation
    • Real Estate Law
    • Workers’ Compensation
    • Criminal Defense
  • Contact Us
    • Where We Practice

13 Dec 2022

What To Know About Taking a Breathalyzer Test

What To Know About Taking a Breathalyzer Test

The first step in an arrest for Operating Under the Influence (OUI), Driving While Impaired (DWI), or Driving Under the Influence (DUI) in Massachusetts is consenting to a Breathalyzer test, which determines a person’s Blood Alcohol Content (BAC). But we’ve all heard of cases of people refusing to take the Breathalyzer test under the assumption that if they don’t give the evidence, it can’t be used against them. But is this wise? 

Everyone’s circumstance is different, and you might be asking yourself, should I consent to the breathalyzer or should I refuse? Vincent Tofani, Director of Parker Scheer’s Criminal Defense Practice Group explains what to know about breathalyzer tests in Massachusetts.

What if I Take a Breathalyzer and Blow Over the Limit?

If your blood/alcohol level is at or over the legal 0.08 limit in Massachusetts, your license will automatically be suspended for 30 days. Depending on your driving history, it is possible to apply for a hardship license during that time in order to get to and from work if necessary.

Your case may then go to trial. If you’re convicted, you could face a hefty fine and could even go to jail for up to two and half years. 

What if I Refuse to Take a Breathalyzer?

If you refuse to take the test and this is your first offense, your license is automatically suspended for 180 days (six months) and, in Massachusetts, your vehicle can be impounded for up to 24 hours. (See chart below for suspensions for repeat violations.) Because you refused the test, you are not entitled to apply for a hardship license at all. 

License Suspensions for Refusal to take a Breathalyzer in Massachusetts

OVER 21
No prior OUI offenses6 months
1 prior offense3 years
2  prior offenses5 years
3+ prior offensesLIFETIME

 

BETWEEN 18 – 21

No prior OUI offenses3 years + 6 months
1 prior offense3 years + 6 months
2 prior offenses5 years + 6 months
3+ prior offensesLIFETIME

 

UNDER 18

No prior OUI offenses4 years
1 prior offense4 years
2 prior offenses6 years
3+ prior offensesLIFETIME

You are entitled to challenge this refusal suspension within 15 days, but there are only three reasons you may do so: 

  1. there were no reasonable grounds for the OUI arrest, 
  2. you were not arrested, or 
  3. you did not, in fact, refuse the Breathalyzer. 

If you can effectively prove your innocence, the refusal suspension will be rescinded.

However, even if you refuse the Breathalyzer, there are other pieces of evidence that may be used to bring a OUI/DUI charge, including witness testimony, field sobriety tests, and police officer observations. In fact, in certain instances, the field sobriety tests may be all they need for a DUI arrest.

And if you think you can wait until the officer can obtain a warrant to compel you to take the test in the hope that you will sober up by then, think again. Warrants can be obtained in minutes via mobile devices, and refusing a court-ordered test can result in serious contempt charges.

If you have been charged with an OUI offense it is important to call an experienced attorney right away. The laws are complex and are subject to change and hiring an attorney to represent you on an OUI charge can make all the difference. 

About the Author

Vincent A. Tofani serves as Director of Parker Scheer’s Criminal Defense Practice Group.  

He is a member of the Massachusetts Association of Criminal Defense Lawyers and has successfully represented hundreds of individuals charged with OUIs and a wide variety of criminal offenses in both state and federal courts throughout the Commonwealth of Massachusetts. 

Contact Vincent Tofani in our Boston Office.

Primary Sidebar

CALL US 7 DAYS 617-886-0500

Injured? Contact Our Offices For A Free Consultation

  • This field is for validation purposes and should be left unchanged.

Sort by Category

  • Bicycle Accidents
  • Car Accidents
  • Community Outreach
  • Criminal Defense News
  • Motor Vehicle Accidents
  • Personal Injury
  • Uncategorized

Practice Areas

  • Personal Injury
  • Workers’ Compensation
  • Real Estate Law
  • Criminal Defense
  • Business Law & Litigation

View All Practice Areas

Client Testimonials

M. S. 

I went to Parker and Scheer two years ago when I was hit riding my bicycle in NYC. This was a difficult and helpless time. Surgery was required and I didn’t have health insurance. I had never been through anything like this before and didn’t know where to turn...

Read More
Andrea K.

Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I was hoping for, and I can recommend Parker Scheer with absolute confidence.

Read More
T.G.

I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer were nothing short of spectacular. If I ever need legal representation again, I would use them in a minute.

Read More
Client Review on Avvo.

Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior criminal history and not sure what to expect. Attorney Tofani was kind, professional and experienced in the system.

Read More
A.Q.

I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. When you know that you have someone you can call on a moments notice, for any legal matter, it is a comfort...

Read More
Matt S.

My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attorney Tofani.

Read More

View All Testimonials

Footer

Quick Links

  • Home
  • Contact Us
  • Meet Our Boston Attorneys
  • Leave Us a Review

Connect With Us




BOSTON OFFICE

1 Center Plaza, Suite 420, Boston, MA 02108

PHONE : (617) 886-0500

boston injury attorney

NYC OFFICE

445 Park Ave. Floor 9 New York, NY 10022

PHONE : (212) 897-2223

@ 2020 Parker Scheer LLP. All rights reserved | Sitemap | Privacy Policy | Terms of Service