December 06, 2021 Last Updated: October 3, 2024 by Anthony Riccio
Getting pulled over after having a drink or two can be a nerve-wracking experience, especially if you’re unsure about your rights and the consequences of your actions. In Massachusetts, understanding an OUI (Operating Under the Influence) stop requires understanding the state’s laws, especially regarding breathalyzer tests. This guide will help you understand what to do if pulled over after drinking and whether you should take or refuse a breathalyzer test.
In Massachusetts, OUI charges apply when a driver is found operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. For drivers under 21, the BAC limit is 0.02%. If you’re pulled over and suspected of driving under the influence, you’ll likely be asked to submit to BAC testing.
Under the state’s Implied Consent Law, by holding a driver’s license, you automatically agree to submit to a breathalyzer or other chemical tests if law enforcement suspects you of OUI. However, this doesn’t mean you can’t refuse — but there are consequences.
It’s important to understand your legal rights if you’re pulled over on suspicion of OUI:
Getting pulled over can be stressful, but it’s crucial to remain calm. Keep your hands visible and avoid any sudden movements, as these may raise suspicion. Cooperate with law enforcement by providing necessary documents like your license and registration, but you are not obligated to answer questions about your activities.
While it’s important to be polite, admitting to drinking can severely damage your defense in an OUI case. It’s best to respectfully say, “I’d prefer not to answer that,” rather than admitting to consuming alcohol. Remember, you have the right to remain silent, and this is often in your best interest.
Advantages of Taking the Breathalyzer Test:
Risks of Taking the Breathalyzer:
Refusing a breathalyzer in Massachusetts has its own set of consequences. Under the implied consent law, a refusal results in an automatic license suspension, and this can be used as evidence in court. The length of the suspension depends on whether it’s your first, second, or subsequent offense.
In addition to losing your driving privileges for refusing the test, you may also face steep fines and possible jail time if convicted of OUI. The severity of the penalties escalates with prior offenses, and a refusal could lead to harsher consequences in court.
Failing a breathalyzer test (with a BAC over the legal limit) can lead to criminal penalties, including fines, mandatory alcohol education programs, and the installation of an ignition interlock device on your vehicle.
Whether you refuse the breathalyzer or fail it, the impact on your insurance premiums is significant. Your insurer may label you as a high-risk driver, which can result in skyrocketing rates. You may also be required to file an SR-22 form to prove that you carry the necessary liability insurance, adding to your financial burden.
Reinstating your driving privileges after a suspension for refusal or OUI can be a long process. You may need to complete alcohol education programs, install an ignition interlock device, and maintain an SR-22 form for a period of time, depending on the severity of the charges.
During an OUI stop, officers may ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg. While these tests are intended to gauge your coordination and balance, they’re often unreliable and subjective.
There are no automatic penalties for refusing a field sobriety test, and these tests are not as accurate as breathalyzers. Many attorneys recommend declining to take them, as poor performance can be used as evidence against you, even if you’re below the legal BAC limit.
One key defense is to challenge the legality of the initial traffic stop. If the officer didn’t have probable cause to pull you over, any evidence obtained during the stop — including breathalyzer results — could be thrown out.
Another common defense is questioning the procedures followed by the officer. Breathalyzer tests must be conducted according to strict protocols. If law enforcement fails to follow these procedures, your attorney may be able to have the results excluded from evidence.
In some cases, drivers refuse breathalyzer tests due to medical conditions, such as asthma or acid reflux, which can skew results. If this applies to you, an attorney can help argue that your refusal was reasonable given the circumstances.
If you’re arrested for OUI, it’s essential to understand your rights. You have the right to an attorney, and it’s crucial to exercise this right immediately. The sooner you speak with a lawyer, the better your chances of mounting a strong defense.
An experienced OUI attorney can analyze the circumstances of your stop, challenge evidence, and negotiate on your behalf. They can help you navigate the complex legal process and potentially reduce penalties or get charges dismissed.
When pulled over after drinking in Massachusetts, it’s critical to remain calm, know your rights, and understand the potential consequences of your actions. Whether you choose to take or refuse the breathalyzer, consulting an experienced OUI attorney can help you make the best decision and build a strong defense.
Contact Riccio Law for a free consultation to discuss your case and explore your options for defense.
