You are under no legal obligation to take a breathalyzer test. A Boston, Massachusetts DUI charge is easier to defend when the breathalyzer test is refused because it requires the Commonwealth to prove its case based on observation testimony of the officer. What does this consistent of: The testimony of the officer regarding how you performed on so-called field sobriety tests, how you responded to questions and how you appeared and spoke to the officer. Cases with no breathalyzer test are easier to win because they depend on the subjective observations of the officer.

The penalty when you refuse a breathalyzer is that your license will be suspended and you only have 15 days to appeal that suspension.

Length of Refusal Suspension: That depends on the number of prior OUI convictions you have in Massachusetts or any other State and your age.

• Over 21 no prior OUI convictions: 180 days
• Under 21 or one prior OUI conviction: 3 years.
• 2 prior OUI convictions: 5 years.
• 3 prior OUI convictions: lifetime suspension.

There is no hardship license on a breathalyzer refusal suspension prior to resolution of the case. If you have a first offense or a second offense outside of ten years, you may be able to get a hardship on the refusal suspension; however, you should speak to an experienced Boston OUI lawyer to discuss the license consequences of your case.

Presumption of reinstatement of license upon a not guilty finding on the OUI charge: If your DUI case proceeds to trial and you are found not guilty, there is a presumption that the court will reinstate your license, and vacate the refusal suspension. A judge does not have to reinstate your license, but a motion can be filed with the court seeking reinstatement on the refusal suspension.