Refusing a breathalyzer is not a crime in Massachusetts. It will result in a license suspension by the Massachusetts Registry of Motor Vehicles, but it is not a criminal offense. The license suspension for a breathalyzer refusal can be substantial depending upon whether you are over or under 21 and on the number of prior DUI convictions you have for operating under the influence of alcohol. A license suspension for refusing a breathalyzer requires a motorist to hire an experienced Massachusetts DUI lawyer. A motorist only has 15 days from the date of the arrest to appeal any suspension for refusing a breathalyzer.
In some states, a refusal to submit to a breathalyzer is a crime. Under federal law, a refusal to take a breathalyzer is a crime and recently the Governor of Missouri submitted a bill to make the failure to take a breathalyzer a criminal offense.
