In Massachusetts, the refusal of a motorist to take a breathalyzer test is inadmissible at trial. While Massachusetts DUI law penalties a motorist's refusal to take a breathalyzer test with a license loss, the fact of the refusal is inadmissible in the criminal trial. In a DUI refusal case, a motorist faces a license loss for the refusal with a right of appeal to the RMV in Boston and then to the district court. This refusal appeal is considered a civil appeal against the RMV.
The DUI case proceeds in the district court. During the OUI/DUI trial, the jury will not hear evidence that the motorist refused a breathalyzer test. In a case decided by the Massachusetts Supreme Judicial Court, Opinion of the Justices to the Senate, 412 Mass. 1201 (1992), The Massachusetts Supreme Judicial Court held that to admit evidence of a breathalyzer refusal during a criminal trial would violate the provision of the Massachusetts State Constitution, the Declaration of Rights, which provides that no person shall be compelled to accuse or furnish evidence against himself. The Massachusetts Constitution provides a greater privilege against self-incrimination than the Fifth Amendment to the United States Constitution.
In a case decided on September 30, 2009, by the Ohio Supreme Court, State v. Hoover, the Ohio Supreme Court upheld an Ohio law that imposes ten additional days of jail time on a driver with a prior DUI offense that refuses to submit to a chemical test. The court rejected the defendant's contention that the law was unconstitutional because it penalties the defendant's refusal to consent to s warrantless search of his person.
Michael DelSignore is a Massachusetts DUI lawyer that has represented clients in DUI jury and bench trials throughout Massachusetts. As an experienced DUI lawyer, Attorney DelSignore will explain the strengths and weakness of the Commonwealth DUI case and vigorously defend you against the charges in court. Attorney DelSignore can be reached immediately at 508-455-4755 or 781-686-5924 or by email.
