In Massachusetts, breathalyzer test refusal evidence is inadmissible in an OUI trial during the government’s case. Other evidence that is inadmissible in the Commonwealth’s case in chief at an OUI Trial includes:
- Field Sobriety Test Refusal Evidence;
- Prior OUI Convictions;
- Statements Obtained in Violation of Miranda Warnings.
It is important to note that although this evidence is inadmissible in the government’s case, it may become admissible if the defense opens the door. As a result it is important to keep the door closed. Contact Attorney Shane W. Surrette at (774) 364-4605 or at [email protected] today.