Can I Call My Attorney Before I Take A Breathalyzer?

Prior to 2003, Massachusetts drunk driving laws held that a driver suspected of drunk driving did not have a right to consult with an attorney prior to taking a breathalyzer test. In 2003, the legislature amended Mass. Gen. Laws ch. 90, section 24 to include a “.08 or greater” theory, where a breath test reading […]

Know Your Rights Before You Drive

Massachusetts law allows motorists to decline field sobriety tests. You cannot be penalized for refusing to take a field sobriety test, although license suspension may apply for refusing a breathalyzer test. See Massachusetts OUI Brochure. The fact that you refused a field sobriety test cannot be used against you in court. See Commonwealth v. Blais, […]