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Proof-Variation7005 t1_j1e49y3 wrote

Reply to comment by RawDoggRamen in Mass. State Police to set up sobriety checkpoint starting Thursday in Bristol County by LackingUtility

Refusing the field tests isn't itself a crime. But if you refuse to do it, you'll almost certainly be asked to do a chemical test. Refusing that is a crime that carries a mandatory license suspension.

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PakkyT t1_j1efo1g wrote

Refusing a breathalyzer is not a crime despite there being a penalty for refusing. Different things.

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Proof-Variation7005 t1_j1f9032 wrote

gotcha - yeah, i was thinking of RI where it still involves court and all that jazz.

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Odds are, you're probably still being charged for a DUI if it happens in MA. You just might beat the rap for it.

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RawDoggRamen t1_j1e4kk8 wrote

If you refuse a breathalyzer. There is a suspension that follows.

https://www.mass.gov/info-details/alcohol-and-drug-suspensions-for-over-21-years-of-age

And that suspension is 180 days.

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MrDelicious84 t1_j1ecugv wrote

1st time 180 days 2nd time 3 years 3rd time 5 years etc

Also wanted to clarify that refusing the breath test isn’t a crime per se. You won’t get a ticket or get charged with anything.

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RawDoggRamen t1_j1ehu27 wrote

Correct. But they will cut your license up on the side of the road and or bring you into the drunk tank for the night. It's weird I'm getting downvotes for stating that refusing a breathalyzer and sobriety test will result in a suspension. I guess because the guys point is that it's still a choice? Yeah I guess, but it still has consequences.

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LackingUtility OP t1_j1fxi8w wrote

The downvotes are because you’re not distinguishing between the breath test, which is mandatory and can result in a license suspension for refusal, and the field sobriety test, which is entirely optional, has no penalty for refusing, and should not be performed by anyone.

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RawDoggRamen t1_j1fxosd wrote

Yeah but I mean, when you are in the position, saying no to an officer isn't really the greatest idea.

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LackingUtility OP t1_j1fyeeg wrote

Okay, Officer, I suppose people should just confess to murder or heroin possession or whatever false accusation you want too, just because “saying no to an officer isn’t the greatest idea”?

No. Sorry if that’s the first time you’ve heard that in a while. But the right to refuse FSTs and the right to refuse to answer questions are so clearly established that there would be no qualified immunity to civil suit if a cop were to arrest someone for refusing.

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