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What happens if I refuse a breath test in Boston?

The result of refusing a breath test in Boston is the same as everywhere else in Massachusetts. It depends upon the number of times you have been previously convicted of OUI or a similar offense. G.L. c. 90, § 24(1)(f)(1) governs chemical test refusals in the Commonwealth.

Number of priors Loss of License for Chemical Test Refusal

  • 0= 180 days
  • 1= 3 years. Souza v. Registrar of Motor Vehicles, 462 Mass. 227 (2012).
  • 2= 5
  • 3= Life

For example, a person that has 1 prior OUI will lose their license for 3 years. A person with 2 prior OUI's will lose their license for 5 years. And after that, the loss of license for CTR is life.

Also, your vehicle will be impounded for a period of 12 hours with the cost of towing and storage and maintenance of the vehicle charged to the alleged driver. The breath machine will electronically notify the Registrar of Motor Vehicles ("RMV"). The registrar will then automatically send you a letter.