Do You Have to Take a Breathalyzer Test If Not Driving?

A police officer is free to ask anyone—whether you’re in the driver’s seat, passenger seat, or just loitering near a vehicle—to take a breath test. This doesn’t mean you are required to take it, or that the results of such a test would be usable against you in court. There’s a strong argument to be made that a breath test is a search under the Fourth Amendment. Like with any other search, an individual can always consent voluntarily to a breath test. 

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What a Failed Breathalyzer Test Means for Your DUI Case in MA

Failing a breathalyzer test can be a scary moment. Don’t panic. A failed breathalyzer test presents an obstacle in your DUI case, but the existence of the test alone is not proof of your guilt. It will, however, result in several immediate penalties, including:

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Can a DUI Be Expunged in Massachusetts?

We frequently hear from individuals who have prior DUI / OUI convictions on their permanent record, and are seeking a way to have them removed. Is it possible? In short, the answer is that this is not easy or likely in most cases.  But can a DUI be expunged at all in the state of Massachusetts? Technically, it is possible for any criminal conviction in MA to be expunged if it fits an uncommon and specifically defined set of circumstances.

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How Long Does a DUI Stay on Your Record in Massachusetts?

Q: How Long Does a DUI Stay on Your Record in Massachusetts? A: Individual state laws always determine the length of time that a DUI stays on your record. However, the first thing to understand is that you actually have two individual records where a conviction for DUI will be recorded: your driving record and your criminal record. 

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Have You Received This Massachusetts Breathalyzer Notice? Don’t Wait.

If you’ve recently received a notice like this in the mail, you may have questions about its legitimacy or what it might mean for your previous criminal OUI case. First of all, YES, this is an authentic notice from the court system of Massachusetts. It was sent to let you know that you may be entitled to have a prior conviction for OUI in Massachusetts overturned and permanently removed from your record.

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Ignition Interlock Device Laws in Massachusetts: Who Must Use an IID?

Ignition Interlock Devices, or “IIDs,” are essentially personal breathalyzer devices that are intended to prevent a drunk individual from starting a car. An IID is temporarily installed in the motor vehicles of many people recently convicted of OUI so as to require the driver to pass a breath test of their Blood Alcohol Content (BAC) before the vehicle will be able to start.

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Massachusetts OUI Penalties Are Changing For First Offenders

It’s well-known that Massachusetts OUI penalties already stand among the tougher sets of consequences in the nation, with the highest maximum potential jail time for first offenders among all U.S. states.  The penalties for a first offense OUI in Massachusetts could potentially include: 

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What Happens When You Get a DUI in Massachusetts During COVID?

The ongoing pandemic has affected nearly every facet of life, including court processes and OUI charges. Navigating an OUI charge in Massachusetts is complicated already, but new COVID protocols can make it even more difficult to manage it on your own. Here is what happens when you get a DUI during COVID, and how an attorney can help.

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How to Defend a Third Offense Under Massachusetts OUI Law

Massachusetts OUI law is very clear on the status of third offenses. Unlike first and second offenses, there is no possible chance of receiving a lenient alternative 24D disposition—even if your first or second convictions are decades old, out of state, or were resolved with a CWOF (Continuance Without a Finding).

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