To Take or Not To Take the Breathalyzer? What you should know about refusing to take a breathalyzer.
You have been out with your friends, on a date, or coming home from a sporting event and while there you indulged in a few alcoholic drinks. You can function, but have no clue if you are close to the .08 blood alcohol level. On your way home, your heart leaps into your throat as you look in the rear view mirror at the sight of the blue lights. You know that you may have to make a choice, to take the breathalyzer or not.
If you elect to take the breathalyzer and blow a .08 or higher the penalties are different if it is your first offense. For a first time offender that blows a .08 or higher you are facing no more than a license suspension of 30 days after the conclusion of the criminal charge if you elect to take a plea bargain. You are also immediately eligible, upon completion of the charge, to apply and receive a hardship license. Melanies’ Law also allows extends the ability to receive a hardship license to second time offenders as well.
You may be asking yourself at this point why anybody would elect not to take the breathalyzer. The answer to this question is, without the breathalyzer results it is more difficult for the prosecution to prove that you were driving under the influence. Massachusetts Law allows the prosecution to prove that you drove under the influence in two different ways. The first way is the “per se” violation, this is where the prosecution proves that you drove under the influence by showing that your blood alcohol level was a .08 or higher. If the prosecution has a breathalyzer test with a result of a blood […]