Boston Drunk Driving Defense Lawyers
Newton Waltham MA Drunk Driving Defense Attorneys
At Russell & Associates LLC, our criminal defense attorneys are former prosecutors. Team Russell has a proven track record of OUI defense as well as criminal defense against other misdemeanors and felonies.
Former prosecutor and founder Pete Russell was responsible for training police officers in proper OUI arrest procedures. If the breathalyzer test or field sobriety test was not administered properly, he will know.
Massachusetts Attorneys at Your Side Following a Breathalyzer Refusal
You have the right to refuse to take either the field sobriety test or the breathalyzer test. However, you must be aware of the consequences for a refusal. Your license will be suspended for 180 days for an OUI first refusal.
Agreeing to the breathalyzer test could result in getting your license reinstated by the Registry of Motor Vehicles, allowing you to legally drive during the course of your case. However, an excessively high reading may lead to the agency refusing to give your license back.
It is important to have a skilled and experienced criminal defense attorney on your side to protect your rights and maintain your driving privileges. Team Russell has fought breathalyzer results with the help of seasoned and respected experts. Simply put, the testing is not 100 percent accurate, a fact that we have shared with juries to great success in court.
Right to Refuse the Breathalyzer in Middlesex County
Suppose you are leaving a restaurant one night after having one-to-many cocktails with dinner. You find yourself unable to stay in your lane while driving, and all of a sudden you see flashing blue lights in the rear-view. You pull over, roll down your window, and get ready for what is sure to be an unpleasant conversation.
With the smell of alcohol protruding from the car, it doesn’t take long for the officer to ask you to step out of the vehicle and take a field sobriety test or Breathalyzer exam. Under Massachusetts Law, the officer must observe someone for at least 15 minutes prior to administering a Breathalyzer in order to make sure the subject has not recently consumed anything that may trigger a false result from the Breathalyzer. If the officer does not wait the necessary 15 minutes, the results of the Breathalyzer may be challenged in court, and subsequently thrown out.
In Massachusetts any person may refuse to take a Breathalyzer or Field Sobriety Test. Refusal to take the Breathalyzer results in an automatic 180-day suspension of one’s license for first time offenders. However, under the new law, first time offenders may be eligible for a hardship license, which would allow them to drive from the hours of 7am-7pm, for work purposes only. Additionally, refusal to take a Breathalyzer test may not be used against someone in a future trial. Commonwealth v. Scott, 359 Mass. 407, 408 (1971).
Under Commonwealth v. McGrail, 647 N.E.2d 712 (1995), refusing to take a Field Sobriety Test does not carry any immediate penalty like a suspended license, and also may not be used against a defendant at trial. Field Sobriety tests have been found to be very subjective, and it is up to the individual officer administering the test to determine whether a person has passed. Often times, passing a FST requires near perfect completion of all aspects of the test, which may prove difficult even for a sober person.
If you were to take a Breathalyzer test, and blow higher then a .08, you would likely be arrested, and charged with Operating Under the Influence. Refusing to take the test results in a license suspension, but limits the evidence that may be used against you at trial. Without the results of a Breathalyzer or FST, it will be more difficult for the prosecution to prove an OUI case against a defendant. It is important to be aware of these facts when you are pulled over as they may determine the difference between a conviction and a dismissal.
Team Russell ∙ Our Success Speaks Volumes
We are available 24 hours a day, 7 days a week to address your legal problems.
Contact the Boston and Needham MA offices of Team Russell by phone at 781-559-0152 locally or 866-828-1957 toll free, or send our trial lawyers an e-mail to schedule an appointment with an experienced Middlesex County Massachusetts OUI attorney.
