Should You Take the Breath Test If Arrested for OUI in Massachusetts
- John T. Gatie, Esq.
- Nov 5, 2025
- 3 min read
Being arrested for Operating Under the Influence (OUI) can feel overwhelming. In Massachusetts, this offense carries serious penalties, and one of the first choices you may have to make is whether to take the breath test. That decision can have an immediate effect on your license and a lasting impact on your case.
At JTG Legal Services, we help people across Massachusetts understand their rights and move forward with confidence when facing OUI charges.
What an OUI Charge Means in Massachusetts
An OUI means that police believe you were operating a vehicle while under the influence of alcohol or drugs to a degree that affected your ability to drive safely. Under Massachusetts law, a Blood Alcohol Content (BAC) of 0.08% or higher is considered legally impaired. However, even with a lower BAC, an officer may still bring charges based on how you were driving or other signs of intoxication.
An OUI conviction can lead to heavy fines, license loss, probation, or even jail time, which makes every decision during the process critical.
Taking the Breath Test
If you take the breath test and your BAC measures 0.08% or above, that reading can be introduced in court as evidence of impairment. You will also face an immediate license suspension through the Registry of Motor Vehicles (RMV), separate from any criminal penalties that may follow.
Even so, a high reading does not automatically mean conviction. Breathalyzer results are not infallible. Machines must be properly maintained and calibrated, and officers must follow strict testing procedures. An attorney familiar with OUI defense can review the details of your arrest to determine whether the results can be challenged or excluded from evidence.
Refusing the Breath Test
Massachusetts’ implied consent law requires drivers to take a chemical test if they are lawfully arrested for OUI. Refusing the breath test triggers an immediate suspension of your driver’s license by the RMV:
180 days for a first refusal
3 years for a second refusal
5 years for a third refusal
However, under Massachusetts law, the prosecution cannot use your refusal as evidence of guilt in court. This rule can make it more difficult for the Commonwealth to prove its case, even though you lose your driving privileges right away.
After the arrest, a bail commissioner may determine your release conditions. You also have the right to make a phone call, which can include contacting a lawyer or family member.
Making an Informed Choice
There is no single right answer for every situation. The decision to take or refuse the breath test depends on your personal circumstances, including how much you have had to drink, whether you have prior OUIs, and how essential your license is to your daily life.
If you have been arrested, speak with a criminal defense attorney as soon as possible. A lawyer experienced in OUI cases can explain what each option means for you, protect your rights, and help you take the best possible next steps.
Get Experienced Legal Help
At JTG Legal Services, we work with a team of experienced Massachusetts attorneys who regularly handle OUI defense. From the moment of your arrest to the resolution of your case, we provide clear guidance and trusted support every step of the way.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship. You should consult a licensed Massachusetts attorney for advice specific to your situation.
