Whenever someone is arrested for drunk driving in Massachusetts, a central issue is going to be whether or not to take a breathalyzer test back at the police station. If you find yourself faced with such a decision, it is important to keep a few things in mind.
For instance, even though you may not feel you have a reduced alertness or judgment, this doesn’t mean that your blood alcohol level as measured by your breath will be less than a .08. Many factors will affect your blood alcohol level, such as, the last time you ate; how much you ate; how much you had to drink; as well as your size and weight.
Similarly, when you are making the decision whether or not to take the breathalyzer test, you will likely not know if your alcohol level is rising in your blood, or whether your level is on the decline. This could skew the result of the test because your blood alcohol level could be higher or lower than it was upon operation of the motor vehicle, which is the defining moment under Massachusetts law.
Finally, the decision you make on whether or not to take the breathalyzer test will also impact your license. A first offense breath test refusal results in a 6 month license suspension, whereas, if you take the breath test on a first offense you will lose your license for 30 days. As a result, if you or someone you know is charged with drunk driving, contact an experienced and dedicated drunk driving lawyer today.