Refuse Breathalyzer Test
Can You Refuse a Breathalyzer in Massachusetts?
Refusing a breathalyzer test in Massachusetts is legal—but it triggers automatic license suspension under the Commonwealth’s implied consent law. Below is a step‑by‑step breakdown of how a Massachusetts breathalyzer refusal affects your OUI/DUI case, your right to drive, and the strategies available to limit the damage.
Massachusetts Implied Consent Law & Your Right to Refuse
Under Massachusetts General Lawsch. 90§24(1)(f ), every licensed driver has impliedly agreed to submit to a chemical test (breath, blood, or urine) when lawfully arrested for Operating Under the Influence (OUI/DUI/DWI). You may refuse a breath test, and it is not an additional crime to do so. However, the Registry of Motor Vehicles (Massachusetts RMV) will impose an immediate revocation of your driving privileges.
Key takeaways
Refusal = civil penalty (license loss), not a criminal charge.
Police cannot compel a breath sample without a warrant.
Statements like “No, I don’t want to blow” count as refusal.
What Happens When You Refuse?
| First‑Offense OUI | Second Offense | Third Offense | CDL Drivers |
|---|---|---|---|
| 180‑day license suspension | 3‑year suspension | 5‑year suspension | Lifetime CDL disqualification |
You have 15 days from the date of refusal to request an RMV Chemical Test Refusal Hearing in order to fight the suspension.
Breathalyzer Refusal Penalties & License Suspensions
First‑Offense OUI (No Prior OUIs)
180‑day license suspension.
Must complete the 24D alcohol‑education program before reinstatement.
Second Offense
3‑year license suspension.
Required interlock ignition device (IID) upon reinstatement.
Third Offense
5‑year license suspension.
IID for the full length of any hardship license plus two additional years.
CDL Breathalyzer Refusal
Lifetime CDL disqualification (federal rule) even if operating a personal vehicle.
Melanie’s Law enhances many of these penalties, especially for repeat offenders and CDL holders.
15‑Day Deadline: Request Your RMV Hearing
Go to an RMV Service Center (e.g., Haymarket RMV in Boston) within 15 calendar days of the refusal.
Bring your temporary Notice of Suspension/Revocation (pink form) and any police reports.
Argue procedural errors—e.g., improper OUI arrest, no probable cause, or incorrect refusal paperwork.
If you win, the RMV vacates the suspension; if you lose, you can appeal to District Court within 30 days.
Refusal vs. Failure: Which Is Worse?
| Scenario | Criminal Case (OUI) | RMV License Consequences |
| Refuse & no BAC evidence | Prosecutor lacks breath test; may rely on field sobriety tests | Mandatory suspension above |
| Take test & fail (>0.08 BAC) | Breath‑test evidence but possible suppression challenges | 30‑day administrative suspension |
Generally, refusing strengthens the criminal defense but guarantees a longer license loss.
Field Sobriety Tests & Other Chemical Tests
Police can still ask you to perform standardized Field Sobriety Tests (FSTs). Refusing FSTs carries no additional penalty. Officers may also seek a blood test if a crash caused serious injury.
How to Appeal or Shorten a Breathalyzer Refusal Suspension
Hardship License Options
After serving a minimum portion of the suspension (usually 90 days on a first offense), you may apply for a hardship license (“Cinderella license”) if you:
Complete required alcohol‑education programming.
Install an IID when applicable.
Provide proof of employment, schooling, or medical need.
License Reinstatement Fees (2025)
$500 standard reinstatement fee.
$200 IID program enrollment fee (if required).
Impact on Your OUI/DUI Criminal Case
A refusal can limit the Commonwealth’s evidence of your blood alcohol concentration (BAC), but prosecutors will emphasize driving behavior and FST performance. Skilled drunk‑driving defense attorneys often highlight that “refusal is a Constitutional right” and challenge the traffic stop, arrest procedure, and officer training.
Tips If You’ve Already Refused
Mark your calendar—15‑day RMV hearing window.
Request the police report to check for implied‑consent form errors.
Consult a Massachusetts breathalyzer refusal lawyer immediately; some offer free consultations.
Gather employment or medical documentation early for a hardship license.
Frequently Asked Questions
Is refusing a breathalyzer a crime in Massachusetts?
No. It is a civil infraction that results in license suspension but no jail time.
Will refusal show up on my driving record?
Yes. The RMV records it as Chemical Test Refusal (CTR) and reports it to other states.
Can refusal be used against me in court?
Yes. Prosecutors may argue it shows consciousness of guilt, but judges must instruct juries not to draw improper inferences.
Does a prior out‑of‑state DUI count?
Often yes—Massachusetts participates in the Driver License Compact.
Speak With a Massachusetts Breathalyzer Refusal Lawyer
The stakes are high: up to a 5‑year suspension, steep fees, and possible jail time if convicted of OUI. A qualified breathalyzer refusal suspension lawyer can:
Challenge the traffic stop and arrest.
Contest the RMV suspension.
Seek a hardship license quickly.
Call us or fill out our online form for a free, confidential case review.