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Boston OUI Attorney Michael DelSignore explains what happens when you refuse a breath test after being arrested for OUI in Massachusetts.
Transcript
It's Mike DelSignore. I want to talk about what happens if you're arrested for OUI in Boston and you refused a breath test.
Well, if you've refused a breath test, it's good because in the underlying case, there's not going to be any objective evidence of your blood alcohol test. So it's a stronger case. It's more difficult for the government to prove an OUI without a breath test.
So what do we look forward to win these cases? We look at the driving. If there's no bad driving, we really emphasize that, because it's really tough to say someone's under the influence of alcohol if there's not an accident and they're not over the road.
If there is evidence of bad driving, then we look to other things. We try to show that you did relatively well on the field tests, that you followed many of the instructions. There's a lot of different things police are looking for in these field sobriety tests.
For example, the nine step walk and turn, there's eight different things they're looking for. And many times the reports will just be very shoddy or they'll say you missed heel to toe or you did a few things wrong, when I can then point out all the things that you did right that are inconsistent with somebody under the influence of alcohol.
One leg stand. A lot of reports say you put your leg down before 30, but it's unclear how long you even had your leg up and officers on the stand will then be like ... they'll be unsure, and I can use all that to suggest that if they're unsure, that's not enough to prove somebody guilty of a crime Massachusets.
So there's a lot of defenses to an OUI case, especially when there's no objective evidence of your blood alcohol, like a breath test. Field sobriety tests they're often inaccurate, unreliable and we can use all of that evidence to show that the government can't prove the charge beyond a reasonable doubt. So it's a high standard. It's difficult to prove somebody is guilty of a drunk driving case.
Now, when you refuse a breath test, you are without your license for six months. You can appeal that to the RMV right here in Boston within 15 days, including weekends and holidays. Now, many of those suspensions will be upheld, but I have had many overturned in Boston.
So I'll explain what I do. It's basically a technical argument. It's a legal argument that I don't believe the registry is compliant with the law and some judges have gone along with that.
Additionally, if you refuse to test, the other way to get you back on the road is if you can get a not guilty prior to the six months, there's a presumption of reinstatement.
So if you refused a breathalyzer test, keep in mind these things. Keep in mind that your case is more likely to be ... You're more likely to be found not guilty. It's a stronger case. It's ... more difficult for the government to prove. But know that there is some things you want to do to get your license back, like appeal the refusal and get the case quickly to trial.
My name is Mike DelSignore. I help people with these cases all the time, (781) 686-5924. Call, text at that number any time. It's never an inconvenient time ... to call me. I'm ... expect people to call on the weekends, holidays. I've been doing this for years. So it's been part of my life and I'm glad to help.
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