Consequences of Refusing BAC Tests for Drunk Driving in Brockton

by | Nov 4, 2016 | Lawyers

Operating a vehicle after you’ve been drinking is a serious offense in most states, but the penalties vary, especially for first offenses. In Massachusetts, the penalties for a first offense can be severe, carrying a jail time of up to 30 months. Even if you are guilty, you should never admit it if you are stopped for an OUI, but ask to call an attorney to represent you.

What is Considered Drunk?

If you are stopped on the suspicion of drunk driving in Brockton, the police officer may ask you to take a roadside breath test or breathalyzer. Although you have the right to refuse the test, there are consequences for doing so, because it is an implied consent state. This means if you have a driver’s license to operate a vehicle, you are automatically consenting to having tests done to check your blood alcohol content, or BAC level.

When you are pulled over for drunk driving, an attorney from The Law Office of Bruce S. Raphel, PC would advise you to take a breath or other chemical tests, even if you have been drinking. Refusing the test automatically means having your driver’s license suspended for 180 days. However, if you take the test and it shows your BAC is legally over the limit of .08, and it’s your first offense, then your license may only be suspended for 30 days, if you’re convicted of an OUI.

Testing Time Limit

Sometimes the officer who has pulled you over for drunk driving may not have a portable breathalyzer in his or her car and they have to take you back to the police station to test your BAC. If that’s the case, a test has to be administered as soon as possible. If it is delayed, inform your attorney, who may use that information to help get charges against you reduced or dropped.

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