What Happens When You Refuse the Breathalyzer Test?
Many people worry about being pulled over by the police and asked to submit to a field sobriety or Breathalyzer. But what happens if you refuse to take a Breathalyzer test? When you have questions about this kind of situation or anything else related to an OUI/DUI, you should seek out an experienced DUI defense attorney.
At the Coughlin Law Group PC, our team of Massachusetts criminal defense lawyers can help you with every aspect of a DUI/OUI charge. We are here to immediately begin to help you if you have been stopped on suspicion of drunk driving or have failed the Breathalyzer or field sobriety test.
Contact us today by calling 617-758-8888 to schedule a free consultation with a Boston DUI/DWI/OUI defense attorney at the Coughlin Law Group. We are available 24/7. We will scrutinize the standard of which the sobriety test was conducted.
Penalties That Can Result From Refusing The Breathalyzer
If you fail or refuse to submit to a Breathalyzer test, your license will be immediately suspended and your vehicle will be impounded for 12 hours. The duration of your license suspension varies based on your age and how many prior DUI convictions you have on your record.
For drivers over 21 who refuse a Breathalyzer, they may be subject to the following license suspension periods:
- No prior DUI offenses = 180-day suspension
- One prior DUI offense = three-year suspension
- Two prior DUI offenses = five-year suspension
- Three prior DUI offenses = a lifetime suspension
For drivers who are between the ages of 18 and 21, the penalties may increase. The reason for this enhanced penalty is to persuade drivers to be more cautious and to engage in an alcohol education program. If this program is completed successfully and it is a first offense, the 180-day suspension may be waived.
- No prior DUI offenses = three-year suspension + 180 days
- One prior DUI offense = three-year suspension + 180 days
- Two prior DUI offenses = five-year suspension + 180 days
- Three prior DUI offenses = lifetime suspension
If a driver is under the age of 18, he or she is subject to the following license suspension for refusing to submit to a Breathalyzer:
- No prior DUI offenses = three-year suspension + one year
- One prior DUI offense = three-year suspension + one year
- Two prior DUI offenses = five-year suspension + one year
- Three prior DUI offenses = lifetime suspension
If this is the driver’s first DUI case, the additional one-year suspension may be reduced to 180 days enrollment in a Department of Public Health-approved alcohol education program takes place and is completed successfully.
Charged With Drunk Driving? Contact Us Now
Before you plead guilty or accept any kind of penalty, you should consult with us. Our Boston DUI attorneys are here to provide effective representation for both the criminal and administrative components of a DUI charge. Our job is to help minimize the consequences you face, which includes investigating whether the stop was justified and carried out properly in the first place.
To schedule a free initial consultation with an experienced Boston DUI attorney at the Coughlin Law Group today, call 617-758-8888 or contact our Massachusetts firm online.