What are the consequences for refusal of a breath test?
You have the right to refuse a breathalyzer test, but it comes with a cost. In addition to immediate suspension of your driving license, in some states, you may be charged for refusal to take the test, and you can still be convicted of a DUI even without taking a breathalyzer.
What is the penalty for a driver under 21 who refuses a breath test ma?
Implied Consent Law/Refusal of Breath Test If you under the age of 21 and refuse to submit to a breath or chemical test, you will automatically be subject to penalties including: Fines. License suspension for first offense: 3 years. Suspension for Second Offense: 5 years.
What happens if you refuse a breath test UK?
If you refuse to take a breath test, or fail to supply a sample of breath and do not have a ‘reasonable excuse’, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample. The breath test gives a result straight away.
What happens if you refuse to breath test in Mass?
At the police station, you are informed that refusing to take the breath test will result in an automatic license suspension of 6 months if this is your first offense (or 3 years if under 21 years old), 3 years if this is your second offense, 5 years if this is your third offense, and a lifetime loss of license if this …
What is the penalty for a driver under 21 who is found to have a BAC of .02 or higher?
First time offenders with a BAC of between 0.02 and 0.08 can be punished with a thirty day suspension of their license. If a minor has a BAC of 0.08 or higher, they also face license suspension for 30 days with restrictions for an additional 330 days as well as up to 1 year in prison and up to $1,000 in fines.
What is the required penalty if you are under 21 years of age and you possess carry or transport alcohol and you are not accompanied by a parent or guardian in MA?
Whoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than fifty dollars for the first offense and not more than one hundred and fifty dollars …
What is a reasonable excuse for failing to provide a specimen?
A reasonable excuse not to provide is described as a physical or mental inability and this is commonly, but not limited to, medical conditions such as lung and chest complaints or mental health concerns. If a defence of reasonable excuse is raised, then the burden is with the prosecution to negate it.
Can you be charged for drink driving without a breath test?
You cannot be convicted of this unless it has been proven that you are over the limit after taking a breath, urine or blood test from the police station. The readings must be taken from a Government approved device such as a breathalyser. A roadside testing device is not an approved device.
How long does an OUI stay on your record in Massachusetts?
Because Massachusetts has some of the strictest OUI laws in the country, an OUI can stay on one’s criminal record for life and may appear on one’s driving record for at least 10 years.