If you are stopped in a motor vehicle after consuming alcohol in Massachusetts, you will likely be asked to perform field sobriety tests. One such test that the police like to utilize in forming their opinion for DUI is a portable breathalyzer test. This test is different from the infrared test that is given back at the police station.
For instance, the portable breathalyzer test is inadmissible in the Commonwealth’s case in chief, yet it is relied on by the police in many instances to determine whether an arrest for drunk driving is appropriate. The infrared breath test that is given back at the police station, however, is admissible in the government’s case in chief if certain minimum regulatory requirements are met.
Additionally, there are no license implications if you refuse or fail the portable breathalyzer test, but there are license implications attached to the infrared breath test. One test doesn’t flow into the next.
As a result, if you or someone close to you is stopped in a vehicle after consuming alcohol, it is important to know what the implications of your decisions are. If you are stopped and arrested, contact a Massachusetts Drunk Driving Attorney who will fight for you. Don’t wait until it’s too late.