Always drive with care– and never get behind the wheel of a vehicle when you are drunk. If you are ever pulled over for drunk driving, you may be wondering if it’s a wise decision to submit to a breathalyzer test. A simple answer is: Are you sure you can pass the breathalyzer? If you are positive and 100% certain that you will pass the test, you should take it without any concern. But, if you think there is any risk that you won’t pass the breathalyzer test, it might be a wise decision to refuse the breathalyzer.

Read on to learn more about breathalyzer tests and other chemical tests, and the associated penalties with failing to take them. If you have been arrested for drunk driving in Massachusetts, called Tolan Law today. We know what unique defenses one can take against drunk driving charge, and we can protect you from facing harsh penalties.

How Do You Pass A Breathalyzer Test In Massachusetts?

Every state sets legal limits for how much alcohol is permitted to be in your blood system while you are driving. In Massachusetts, the legal limit for blood alcohol content is .08%.

If you take a breathalyzer test and have this much, or more alcohol in your blood system, you can be detained and charged with driving under the influence.

Remember that you have to be legally, lawfully arrested in order to be subjected to a breathalyzer test, or any blood tests. These are sometimes referred to as chemical tests. If you have not been lawfully arrested and the police are requiring you to blow into a breathalyzer, this is not admissible evidence against you in court. Or, you must also be on a public road in order for this to be legal.

What Happens If I Blow Into A Breathalyzer Test And I Fail?

If you refuse to blow in a breathalyzer, You could see your driver’s license get suspended. Massachusetts is an implied consent state. An implied consent state is a state in which exercising your privilege to drive on the road means also giving your consent to taking chemical tests. Chemical tests, as we mentioned earlier, include field sobriety tests such as the breathalyzer test. Being that Massachusetts is an implied consent state, the state can punish you if you refuse to take these tests.

A first offender who refuses a chemical test may see a drivers license suspension for up to 180 days. The second time, a suspension period of three years. If someone refuses a breathalyzer more than twice, additional penalties will increase. You may even see a lifetime drivers license suspension for the fourth refusal. Remember, driving is technically considered a privilege.

If you or a loved one have been arrested for drunk driving in Massachusetts, call Toland Law as soon as possible. By taking the help of an experienced criminal defense attorney, you can reduce the risk of facing serious penalties for driving drunk. Don’t run the risk of trying to defend yourself against this kind of charge alone.

How Can An Attorney Help Me After Getting Arrested For Drunk Driving?

In the state of Massachusetts, operating a vehicle under the influence is considered a very serious charge with the help of a qualified attorney, you might be able to avoid a conviction and avoid any severe consequences. Our skilled lawyers have successfully defended many clients who have been charged with operating a vehicle under the influence. We are known for getting our clients the best results possible for their cases. Our award-winning drunk driving lawyers will do whatever it takes to protect your rights, and keep your driving privileges intact. We can challenge every piece of evidence, and create a defense strategy that leverage is the law to minimize your penalties.

Schedule A Consultation With Toland Law If You Were Arrested For Failing Submit To A Chemical Test

It’s important to remember that if you fail a breathalyzer test, you are not automatically considered guilty under Massachusetts state law. This is because it’s very common for a breathalyzer to experience many different technical difficulties, which can lead to false or entirely accurate readings. There is always evidence that can be challenged in any criminal court case.

With Toland Law as your legal representative, you can challenge any evidence in your drunk driving case and exploit any weaknesses in the defense’s case. If you have been arrested for drunk driving in Massachusetts, call our law firm today to mitigate the risk of losing your driving privileges.

Toland Law, LLC