Should you Deny a Breathalyzer?
From the commercials on television to the billboards that line the highway, we are constantly being told not to drink and drive. But sometimes, drivers have errors in judgment and don’t wait long enough to drive after they have been drinking. If you are pulled over on suspicion of Operating Under the Influence in the state of Massachusetts, you may be asked to take a breathalyzer or blood test as well as a field sobriety test. Breathalyzers are highly contested in the state and you do have the right to refuse the test, but the costs may outweigh the benefits.
What is the Penalty for Refusing a Breathalyzer in Massachusetts?
Refusal to take a breathalyzer test in the Bay State is likely to result in, having your vehicle impounded, license suspension and a fine. According to the state’s law, the arresting officer will decide if you are to take a blood or breath test, to find more about this just see here. Many officers will choose a breathalyzer test because it is less expensive and can be performed by the officer on the spot, whereas a blood test would require a visit to the lab. You may want to tell the officer that you are more comfortable with a blood test. If you feel that breathalyzer tests are not accurate, you may want to consider taking the test and then challenging the results in court.
Hardship Exceptions for License Suspension
When you have had your license suspended for refusing to take a breathalyzer, there are some circumstances under which you can get a hardship driver’s license. If you would like to apply for a hardship license, you will have to attend a hearing. In order to get a hardship license, you must provide a letter from your employer or school that is not more than 30 days old. You will also have to pay a fee. The fees and penalties increase with every OUI that you receive.
Current Challenges to Breathalyzers
There is much controversy surrounding the Draeger 9510, which is a model of breathalyzer used by the state. Many OUIs have been contested because the machines were not giving accurate readings.
Robert Brennan, a district court judge, recently ruled that the tests were accurate enough, but the machines, which were used by the state from 2011 to 2017 had been calibrated incorrectly by the manufacturer. The Office of Alcohol Testing said that they had calibrated the machines to the appropriate testing range, but it turned out the office lied. The machines were never appropriately calibrated and many of them failed inspection.
As a result of his decisions, breathalyzer tests cannot be used in court until the Office of Alcohol Testing goes through major changes. The results of thousands of breathalyzer tests and DUIs that have been issued because of those tests are now being challenged in court.
Are Breathalyzers Sanitary?
There has been recent concern over the safety of the Draeger 9510. A 2018 court hearing introduced evidence that one of the machines was infested with rats and another had become contaminated with MRSA, which is an infection caused by staph bacteria.
Why Hire an Attorney?
There are many fine DUI and OUI attorneys in Massachusetts. It is always in your best interest to research and select a private criminal law attorney or dui lawyer rather than just letting the public defender represent you. A good dui law attorney will have a staff dedicated to researching all the latest laws and have plenty of time to dedicate to your case.
*Athoritative Sources:
https://www.ganjapreneur.com/massachusetts-gov-pushes-for-harsher-cannabis-dui-rules/
https://www.wbur.org/news/2018/11/09/breathalyzer-alcohol-testing-lab
