If you operate your motor vehicle in any place to which the public has right to access or has access as licensees or invitees, you have technically consented to submit to a breath test or chemical test if an officer requests one of you. This is per Section 24 of the General Laws of The 190th General Court of the Commonwealth of Massachusetts. If you refuse the breath test, the state may impose strict consequences.
Being questioned by a police officer who suspects you may be impaired while driving is no doubt something that would cause a person to be very nervous. Part of the nerves experienced in this situation is due to the fear of what consequences you might be given if you are convicted. Part of the nerves also come from a lack of understanding about the process and the tests used during the arrest.
As you sit and contemplate the consequences a OUI arrest in Natick might bring, one question may creep into your mind: How is that law enforcement officials can determine what the alcohol content of your blood is by measuring your breath? Many have come to us here at the office of David. B Zirlen with the same question. To know the answer, you need to understand how it is that what you put in your mouth as a liquid can end up as escaping as breath.
After a few drinks, you got in your car, only to be pulled over by Massachusetts law enforcement on your way home. The breath or blood test indicates that your blood alcohol content was over the legal limit of 0.08 percent. It seems like an open-and-shut case.
Trained law enforcement officers use standardized field sobriety tests during traffic stops in Massachusetts if they suspect you are impaired. Although drunk driving laws and their repercussions vary by state, officers use these three tests throughout the country to estimate an individual’s blood alcohol content. According to AAA, the goal is to establish probable cause for arrest in drunk driving cases.