OUI Arrests and Field Sobriety Tests in Massachusetts
KNOW YOUR RIGHTS!
"Don't ever take a test you are not sure that you can pass!" This wise advice is nowhere more applicable than in an OUI or DUI investigation. The police cannot force you to take Field Sobriety Tests or Breath Tests. In fact, they cannot use evidence of refusal against you in court.
You also have no legal obligation to take the Breath Test. This applies to both the portable Breath Test given roadside as well as the actual Breath Test given at the police station or in the case of Roadblocks or Roadside Sobriety Check Points, in the B.A.T. van on scene.
If you refuse to take the Field Sobriety Tests and Breath Test, this cannot be used against you in court. The police may still arrest you and suspend your license for refusal of the Breath Test administered at the police station. However, without these two pieces of evidence, the prosecution will have a much more difficult time proving a case against you. When acquitted, Attorney Gregory Casale may petition the court to order your license reinstated. Do not be coerced into providing evidence against yourself.
In all circumstances, always be polite and respectful to the police officers, even if they are arresting you. From the minute you are stopped roadside through the booking process at the police station, assume that you are on camera. More and more police agencies are using cruiser and booking videos everyday.
Gregory Casale, Attorney at Law ∙ Aggressive Professional Representation Since 1998
Gregory Casale, Attorney at Law actively defends people charged with criminal charges in the courts throughout Massachusetts and maintains offices in Worcester County and Barnstable County. For more than 10 years, he has successfully challenged improper OUI arrests and driver's license suspensions for drivers who may otherwise have suffered an OUI conviction and a lengthy driver's license suspension. He has handled thousands of criminal charges for people just like you.
Talk to a Lawyer Day or Night to Get Answers for Your Urgent Questions
Our phones are answered by live staff 24 hours a day. If you have an urgent legal problem, call us at 508-752-7500 or 877-752-7501 — you may be talking to Attorney Casale within minutes.
