What Happens If You Refused The Breathalyzer During An OUI Arrest
Any OUI Attorney will tell you that if you are arrested for an OUI you should refuse the breathalyzer test. The reason for this is that the breathalyzer result will often be the most damning evidence that the prosecutor has against you. It can also be wholly unreliable. If you refuse the breathalyzer, not only is the prosecutor prohibited from using it against you, they also can’t tell the jury that you were even offered the opportunity to take the test.
While your case will improve greatly if you refuse the breathalyzer, refusing does not come without consequences. Specifically, by refusing the breathalyzer, your driver’s license will be automatically suspend your driver’s license for at least 180 days. However, the court may order that your license be reinstated upon a not guilty finding.
If you have been charged with an OUI, call (617) 941-3666 Attorney James G. DeGiacomo today for a free case evaluation to see how the breathalyzer affects your case.
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Represented Clients in MA District, Superior, & Appellate Courts