Can You Refuse a Breath Test in Massachusetts?

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.

What Is the Difference Between a Misdemeanor and a Felony in Massachusetts?

In Massachusetts, the difference between a misdemeanor and a felony comes down to punishment. Misdemeanors are offenses that carry up to 2.5 years in the House of Correction. Felonies can carry state prison time.

Misdemeanors include things like shoplifting, OUI (first offense), or disorderly conduct. Felonies include charges like armed robbery, drug trafficking, or aggravated assault.

Felony charges usually come with more serious consequences—higher bail, stricter conditions, longer sentences, and bigger effects on immigration, employment, and civil rights.

If you’re charged with either, the first step is the same: get legal representation immediately. The earlier you act, the more options you have to fight the case or minimize the damage.

How to Fight a Restraining Order in Massachusetts

A restraining order can have serious effects, even if it’s civil. It can force you out of your home, restrict contact with your kids, and lead to criminal charges if violated.

In Massachusetts, restraining orders (also called 209A orders) usually begin with a temporary ex parte order. That means you’re not there when the judge first issues it. Within 10 business days, you get a chance to fight back at a hearing.

To challenge the order, you’ll need to present evidence, question the complainant’s claims, and explain why the legal standard isn’t met. It’s not enough to say it didn’t happen—you have to show why the other party’s fear isn’t reasonable or imminent.

These hearings are fast and high-stakes. I represent clients in restraining order hearings regularly, and I know how to prepare the right defense—especially when false accusations are involved.

What Is a 209A Restraining Order in Massachusetts?

A 209A restraining order is a court order designed to protect someone from domestic violence. It can order you to stay away from a person, leave your home, and surrender any firearms.

The process starts when someone files a complaint, often leading to a temporary order issued without your knowledge. Then, within about 10 days, a full hearing is scheduled where both sides present evidence.

Even though it’s technically a civil order, violating a 209A is a crime—and it can land you in jail. The order also shows up on your CORI and can affect employment, housing, and custody.

If you’ve been served with a 209A, don’t wait until the hearing to get help. I guide clients through the process and work to get unjust orders dismissed or limited.

What Are Your Rights If You're Stopped by Police in Massachusetts?

Getting stopped by the police can be stressful—but it’s important to know what your rights are in Massachusetts.

You don’t have to answer questions beyond identifying yourself. You have the right to remain silent, and you can say so politely. You also have the right to refuse a search, unless the officer has a warrant or a specific legal basis.

If you’re in a car, you must show your license and registration. But you don’t have to consent to a vehicle search, and you don’t have to explain where you’re going or where you’ve been.

Always stay calm and respectful, but don’t give up your rights just to avoid conflict. If the stop turns into a charge, how you handle it can shape the case.

I help clients challenge unlawful stops and protect their rights in court. If you were searched or questioned without cause, there may be a strong motion to suppress in your case.