Former NBA start Jalen Rose was arrested by Michigan authorities on Drunk Driving Charges after he lost control of his car on an icy road and crashed.
According to police reports, Jalen Rose voluntarily submitted to several Field Sobriety Tests and was then transported to a facility where he reportedly submitted to an Alcohol Breath Test. Rose has since been temporarily suspended from his position at ESPN, where he was employed as an NBA analyst, for not initially reporting his DUI arrest.
As in most states across the country, Massachusetts Drunk Driving Laws do not require a persons stopped on suspicion of DUI to submit to a Breathalyzer Test. You do have a right to refuse a police officer’s request to submit to a breath test, and that refusal cannot be used against you. If you do agree to take the Breathalyzer and blow a reading of 0.08% or above, your license will be suspended for 30 days.
Persons stopped for suspected DUI / OUI should be aware, however, that a Breathalyzer Test Refusal in Massachusetts carries a mandatory loss of your driver’s license:
- 180 day loss if no prior OUI Charges
- 3 year loss if 1 prior OUI Charge
- 5 year loss if 2 prior OUI Charges
- LIFETIME suspension if 3 or more prior OUI Charges
Additionally, the length of loss of a persons driver’s license for an Alcohol Breath Test Refusal in Massachusetts is even greater for driver’s ages 18-21, and even longer for those under 18.
At the end of the day, whether or not you should submit to a Breathalyzer Test in Massachusetts should be weighed against any potential loss of license and, if you fail, providing the prosecutor with even more evidence to convict you.
As a Boston DUI Lawyer, I encourage people to only submit to an Alcohol Breath Test if they are confident they can pass. Otherwise, it might be prudent to take the loss of license have increased chances of beating your Massachusetts OUI Charges.
Boston OUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts DUI / OUI Charges.
To schedule a Free Consultation, Click Here to Contact a Boston Drunk Driving Lawyer or call 617-325-9500.