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Can You Refuse a Breath Test in Massachusetts?
You can legally refuse a breath test in Massachusetts, but it comes with automatic penalties. Here’s what you need to know before you decide.
In Massachusetts, you have the legal right to refuse a breath test if you're suspected of operating under the influence (OUI). But that refusal isn’t without consequences.
Refusing a breath test triggers an automatic license suspension. For a first-time offender, that suspension is 180 days. If you have prior OUI convictions, the penalty is much higher—up to five years. And unlike other suspensions, this one is enforced by the RMV, not the court. That means it takes effect immediately, even if you win your case.
Refusal also limits the prosecution in some ways. The jury typically won’t hear that you refused, which can help your defense. But you lose the chance to challenge the results of a breath test that might have been flawed.
Every case is different, and there’s no one-size-fits-all advice. Sometimes refusing the test helps. Sometimes it makes things harder. I help clients weigh these choices when it counts—and fight the fallout when the decision’s already been made.