If you are arrested for DUI in Massachusetts, you will be offered a breathalyzer test when you get back to the police station. The decision of whether to take a breathalyzer test should not be taken lightly. For instance, you should consider how much you had to drink and when in making your decision. Also, the test results will be impacted by what you had to eat and when, as well as a multitude of other factors.
Of further consideration is the license impact of taking versus not taking the breath test. For example, on a DUI first offense in Massachusetts, if you refuse the breathalyzer test and you are 21 or older, you will lose your license for 6 months from the time of refusal. If you take the test and fail on a first offense, you will lose your license for 30 days from the time of the test.
If you refuse the breathalyzer test on a DUI second offense, you will lose your license for 3 years from the time of refusal. If you take the test and fail the suspension period remains 30 days. These suspensions obviously increase as the offense numbers increase, and they are in addition to any suspensions that occur as a result of a conviction on the underlying offense.
As a result, the decision of whether to take the breathalyzer test may depend on how well you can get around without a license for the immediate future. If you are facing a DUI charge today, contact a DUI attorney who will fight for you and your license.