If you’re stopped under the suspicion of Operating Under the Influence, you’re under no obligation to perform Field Sobriety Tests or take the Breath Test. In fact, in most instances you shouldn’t. When you’re charged with an OUI, at trial, the burden of proof is on the government to prove you guilty beyond a reasonable doubt. Obviously you don’t want to make their job easier by providing them with evidence that they’ll try to use against you. When you refuse to do Field Sobriety Tests or take the Breath Test, evidence of your refusal is inadmissible in Massachusetts. The jury will never even know that they were offered to you. Yes, if you refuse the Breath Test, you will lose your license for at least 180 days, but you’ll also strengthen your criminal case from a defense perspective and that increases your likelihood of being found Not Guilty.
Our firm practices 100% OUI Defense. We understand the significance of this charge and the impact it may have on your life.
Submit A Free Case Evaluation to get DUI help or call (508) 930-4273 to speak with Attorney Higgins now.