DUI Lawyer in Springfield

Can you refuse a breathalyzer test?

Although you are able to refuse to take a Field Sobriety Test, doing so with a breathalyzer test is another matter.  Because Massachusetts has an "implied consent" law, by accepting a driving license you automatically consent to a breath test if you are arrested for drunk driving.  If you choose to refuse the breath test at the police station after being arrested, your license will be automatically suspended for 180 days on your first offense OUI charge. On a second offense or if you are under 21 years of age, refusal could result in suspension for three years.  These strict laws were enacted in order to encourage drivers to take the breathalyzer tests rather than risk an automatic suspension of their license.   You still have the option of attempting to overturn the suspension in court at a later date; however, if you do not win your case you will have a suspended license.

Attorney for DUI Defense in Springfield

Even if you take the breathalyzer test and fail it, you still have some option on your defense.  It can still be challenged if the police officer who administered the test failed to comply with the exact protocols required.  There are other challenges to the results that can be made, such as:

• The initial police stop had no probable cause, thereby triggering a Motion to Suppress the Evidence
• The breathalyzer test was by someone who is not a certified breath-test operator
• The breathalyzer machine is found to not be certified or is otherwise malfunctioning
• The driver was not observed for 15 minutes before the test was administered

Because of the many variables that can occur in following correct procedure exactly per State law, it is quite possible that charges against you can be reduced, penalties lowered and possibly even your case being dismissed. Our DUI Defense Attorneys in Springfield can retain a forensic alcohol expert if needed who can testify at trial.  An expert can project what your blood alcohol level may have been at the time of driving, as opposed to later.  The expert can also reveal any inaccuracies regarding your test.

Of all the DUI Defense Law Firms in Western Massachusetts, why should you choose Attorney Irwin M. Pollack?  We recommend you choose our firm because our DUI Defense Lawyers have the experience and skill to fight for you to the end.  We are one of the leading drunk driving defense firms in the Pioneer Valley. Our attorneys are former prosecutors with extensive trial experience, which you will need to defend your OUI charges.  Contact our office today for a free initial evaluation!

Choose a Western Massachusetts
OUI/DUI Law FirmServing Hampden, Hampshire, Franklin, and Berkshire Counties…and Communities
Across the Pioneer Valley!

When it comes to litigating breathalyzer cases, our attorneys vigorously and tirelessly fight for clients, both in the District Court and at the Registry of Motor Vehicles (RMV). Our motto of "All Cases, All Hours, All Courts" explains our determination, drive, and accountability in obtaining the best possible result for our clients.  Learn more about Massachusetts DUI laws in our FAQ Section, and then call (800) 583-3845 for a FREE Case Evaluation or contact us online.