If you’re stopped for drunk driving in Massachusetts, here are just a few legal rights that you should know:
- You do not need to answer the officer’s investigative questions about where you’ve been and whether you’ve consumed alcohol. See the 5th Amendment to the U.S. Constitution and Article 12 of the Massachusetts Declaration of Rights.
- You can refuse to perform the field sobriety test. See Commonwealth v. McGrail, 419 Mass. 774, 779 (1995).
- You can refuse to take the portable breath test (PBT) which is usually done roadside at the time of the stop. Nevertheless, you should realize that PBT results typically cannot be used against you at trial.
- You can refuse the breathalyzer conducted at the police station. However, if you refuse to take the breathalyzer, the RMV will suspend your MA driver’s license for a minimum of 180 days. See my post Refusing the Breath Test in Massachusetts: Pros and Cons.
If you’re charged with drunk driving in Hampden or Hampshire Counties, feel free to contact me directly at jrmccarthy.law@gmail.com.