Drunk driving...

[Xak]

Is it true that if you get pulled over and you have been drinking that you should always refuse a breath test and take the automatic suspension because it will avoid a statutory disqualifier regarding a LTC?

I would assume if you were carring at the time (naturally I don't condone or do either, just curious about the laws) that would be a whole different ball game, though.

Just a rumor I heard from somewhere, don't recall from whom. Hope I didn't hear it here, I wouldn't want to be redundant.

 

[Rob Boudrie]

Is it true that if you get pulled over and you have been drinking that you should always refuse a breath test and take the automatic suspension because it will avoid a statutory disqualifier regarding a LTC?

Specific to MA (corrections by attorneys welcome) -

You can still be tired for DUI based on other evidence, however, the jury cannot be told the reason why there was no breath test, and that they should draw no inference for or against either side, but base the verdict on available evidence.

In short, if you are innocent you make your situation worse by refusing the test. If you are guilty, you make your situation worse by taking the test. Also, remember that if you are breathalized > .08, you can still get a blood test at your own expense, however, I believe that the procedure allows it to be available to both sides no matter what the result.

Of course, the jury will be thinking "would I want to face a DUI trial if I wasn't given the opportunity to prove my sobriety via the standard test everyone knows that every police department is equipped to give", so a good defen$e lawyer will have a much better chance of getting you off than (s)he will in the presence of a BAC test clearly over the .08 limit. When you read about police officers being arrested for DUI, they generally refuse the BAC test and accept the license suspension.