Breathalyzer Test and Refusal in Massachusetts

Breathalyzer Test and Refusal in Massachusetts

Massachusetts laws can be proved quite strict if you refuse to take a breathalyzer test. The consequence of refusal is graver than taking the test and failing.

If your BAC (blood alcohol content) percentage is 0.08 or higher, then the prosecutor and police have proof against you and your license can be suspended. But if you refuse the breathalyzer test then your license will be suspended for a longer period.

What will be the Consequences if You Drive Under Influence?

  • For the people between 18 and 21, the legal BAC amount is.02 or lower. Anything greater than.02 BAC percentage will lead to suspension of license for (30+180) days. If the convict enrolls in Youth Alcohol Program (YAP), then under certain circumstances the 180 days suspension period can be canceled.
  • For the people of 21 years or older, the legal BAC amount is .08 or lower. Anything greater than .08 BAC percentage will lead to suspension of license for 30 days.
  • For underage or people younger than 18 years old, a failed breathalyzer test will lead to one year of the suspension period. If the convict enrolls in Youth Alcohol Program (YAP) is approved by the Registry of Motor Vehicles, then under certain circumstances, the suspension period can be reduced to 180 days.

Now let’s look at penalties for refusal of breathalyzer test:

For the drivers over 21

  • If the suspect is 21 years or older and refuses a breathalyzer test, with no prior OUI convictions, then the license suspension period is for 180 days.
  • If the suspect is 21 years or older and refuses a breathalyzer test, with a prior OUI conviction, then the license suspension period is for three years.
  • If the suspect is 21 years or older and refuses a breathalyzer test, with two prior OUI convictions, then the license suspension period is for 5 years.
  • If the suspect is 21 years or older and refuses a breathalyzer test, with three or more prior OUI convictions, then the license suspension period is for a lifetime.

For drivers under 21

  • If the suspect is 20 years or younger and refuses a breathalyzer test, with no prior OUI conviction, then the license suspension period is for 3 years.
  • If the suspect is 20 years or younger and refuses a breathalyzer test, with a prior OUI conviction, then the license suspension period is for 3 years.
  • If the suspect is 20 years or younger and refuses a breathalyzer test, with two prior OUI convictions, then the license suspension period is for 5 years.
  • If the suspect is 20 years or younger and refuses a breathalyzer test, with three or more prior OUI convictions, then the license suspension period is for a lifetime.

 

However, you can appeal for your license even after suspension for refusal of a breathalyzer test. But you must appear in a Boston branch office of the Registry of Motor Vehicles within 15 days of the refusal.