Worcester, MA asked in DUI / DWI for Massachusetts

Q: What happens if you don't comply with DUI testing when you get pulled over?

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1 Lawyer Answer
Ryan P. Sullivan
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  • DUI & DWI Lawyer
  • Auburndale, MA
  • Licensed in Massachusetts

A: Hello,

There are two sets of "testing" that officers and troopers in Massachusetts employ. One is field sobriety testing, the other is the breath test. The short answer is that your refusal to submit to any tests is inadmissible in Massachusetts courts. That means that the jury will not learn that you refused the testing. This in nearly every case will not avoid an arrest, but the officer's case against you is substantially weaker -- leading in many cases to a greater chance of a not guilty finding.

The refusal to submit to a breath test, however, does come with some license/right to operate a vehicle suspensions. It is important to know what happened with your case so that you can determine what (if any) collateral consequences resulted after you were released by the police.

In any event, after any interaction with police, it is advisable to contact an experienced criminal defense attorney. Most attorneys offer free consultation and you can discuss the particulars of your case with an attorney who can guide you through the process.

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