Skip to Content
FREE Initial Consultation 617-941-3666
Top
What Happens If You Refuse The Breathalyzer During An OUI Arrest Respected Defense Attorneys Serving Boston & Beyond

What Happens If You Refused The Breathalyzer During An OUI Arrest

Any OUI Attorney will tell you that if you are arrested for an OUI you should refuse the breathalyzer test. The reason for this is that the breathalyzer result will often be the most damning evidence that the prosecutor has against you. It can also be wholly unreliable. If you refuse the breathalyzer, not only is the prosecutor prohibited from using it against you, they also can’t tell the jury that you were even offered the opportunity to take the test.

While your case will improve greatly if you refuse the breathalyzer, refusing does not come without consequences. Specifically, by refusing the breathalyzer, your driver’s license will be automatically suspend your driver’s license for at least 180 days. However, the court may order that your license be reinstated upon a not guilty finding.

If you have been charged with an OUI, call (617) 941-3666 today for a free case evaluation to see how the breathalyzer affects your case.

What Makes This Firm Different?

Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
  • Available to Clients 24/7
  • Nearly a Decade of Legal Experience
  • Successfully Defended Hundreds of Clients
  • Former Prosecutors & Knows How That Side Thinks
  • Represented Clients in MA District, Superior, & Appellate Courts

Noteworthy Case Results

Focused on Getting You the Best Possible Outcome

James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!

  • Case Dismissed April 2019 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Hingham District Court
  • Resolved Without Admission of Wrongdoing April 2021 Case Result – Malden District Court

Free Initial Consultation

Call (617) 941-3666 or Submit This Form
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy