What To Do When Pulled Over in Massachusetts

Blood-alcohol concentration/content ( BAC) is a measure of the percentage of alcohol in a person’s blood. The legal limit in Massachusetts is .08%. Registering a BAC level higher than that creates a legal presumption that you were under the influence of liquor.

While these numbers are very rough, and can be impacted by a variety of factors (most notably gender and weight), one alcoholic drink (1.5 oz. 80 proof liquor, 12 oz. beer, 5 oz. wine) will raise your BAC by approximately .02 – .05. The natural processing of alcohol by your body reduces BAC by approximately .01 every 40 minutes. It is extremely important to note that these numbers are subject to change by many factors. If you think that there is a chance that your BAC is even close to .08, you should not drive. Not only is there a chance that you might be pulled over for DUI, but your driving skills, even at a BAC of less than .08, may not be as good as normal, presenting a risk to yourself and others.

In Massachusetts, you are usually not given an option of what type of BAC test (breath/blood/urine) you would like to take, and will just be offered the breath test (Draeger Alcotest). You are probably asking yourself, “But why are they testing my breath if the important thing is how much alcohol is in my blood?” That is an excellent question. The amount of alcohol that is recorded in your breath is equated to a certain BAC. In an average person the ratio of blood-alcohol to breath-alcohol is 2100 to 1, meaning that for every 1 part of alcohol in your breath, there are 2100 parts in your blood. However, this ratio varies from person to person, and may even be differ in the same person at different times.

You are not required to take the breath test (or any chemical test), and your refusal to do so is inadmissible in court. However, refusing to submit to the test will automatically trigger a suspension of your license. For drivers over the age of 21 with no prior OUI offenses, there is a 180 day suspension, which increases to 3 years with 1 prior offense, 5 years with 2 prior offenses, and a lifetime suspension for a chemical test refusal with 3 or more prior offenses. For drivers under the age of 21 the suspension length is 3 years + 180 days for 0 or 1 prior offense, 5 years + 180 days with 2 prior offenses, and a lifetime suspension for refusal with 3 or more prior offenses. These suspensions go into effect immediately, and there is no hardship license eligibility. However, you should also consider the consequences of failing a chemical test. If you register a .08 or higher, that is per se a violation of the law, and can be enough to convict you.

If you do choose to take the breath test, you should also get a blood test done independently. Since a breath sample cannot be saved, it cannot be re-tested by your DUI attorney at a later date. As we noted earlier, the BAC that the breath test machine records may differ from your actual BAC, so you should get a blood test done as soon as possible. The results could be used to challenge the findings of the breath test in court.

An experienced Boston Mass DUI attorney will know about potential problems with the breath test, and be able to exploit those in your defense.