A breathalyzer test refusal is not admissible during the Commonwealth’s case in chief in an OUI case in Massachusetts. It is important to note that failure to properly perform the breathalyzer test after consent is given, is not inadmissible as refusal evidence. For instance, if:
- Consent to a breathalyzer test is received;
- Attempts are made at providing a sample; &
- There is a failure to produce a valid test result;
- The failure to perform is not inadmissible as refusal evidence.
As a result, if you are facing an OUI charge in Massachusetts, contact an OUI Massachusetts attorney who has the experience to help you. Contact Attorney Shane W. Surrette at (774) 364-4605 or at [email protected] today.