Boston OUI Lawyer Details What Happens When You Refuse A Breath Test

Boston OUI Lawyer Details What Happens When You Refuse A Breath Test

✅ Call or text: 781-686-5924 ✅ Visit: https://www.delsignoredefense.com/con... ✅ Email: [email protected] Boston OUI Lawyer Michael Delsignore reviews what will happen to your license when you refuse a breath test and how to get it back. Transcript Hi, it's Mike DelSignore. I want to talk about what happens if you're arrested for OUI in Boston and you refused a breath test. Well, if you've refused a breath test, it's good because in the underlying case, there's not going to be any objective evidence of your blood alcohol test. So, it's a stronger case. It's more difficult for the government to prove an OUI without a breath test. What do we look forward to win these cases. We look at the driving. If there's no bad driving, we really emphasize that because it's really tough to say someone's under the influence of alcohol. If there's not an accident, they're not all over the road. If there is evidence of bad driving, then we look to other things. We try to show that you did relatively well in the field test that you followed many of the instructions. There's a lot of different things police are looking for in these field sobriety test. For example, the nine-step, walk-and-turn, there's eight different things they're looking for. Many times, the reports will just be very shotty. Well, they'll say you did. You missed heel-to-toe. You did a few things wrong when I can then point out all the things that you did right. They're inconsistent with somebody under the influence of alcohol. One-leg stand, a lot of reports say you put your leg down before 30, but it's unclear how long you even had your leg up. Offices on the stand, well, then be like, they'll be unsure. I can use all that to suggest that if they're unsure, that's not enough to prove somebody guilty of a crime in Massachusets. So, there's a lot of defenses to an OUI case, especially when there's no objective evidence of your blood alcoholic and breath tests, field sobriety test that they're often inaccurate, unreliable. We can use all of that evidence to show that the government can't prove the charge beyond a reasonable doubt, so it's a high standard. It's difficult to prove somebody is guilty of a drunk driving case. Now, when you refuse a breath test, you are without your license for six months. You can appeal that to the RMV right here in Boston within 15 days, including weekends and holidays. Now, many of those suspensions will be upheld, but I have had many overturned in Boston. So, I'll explain what I do. It's basically a technical argument. It's a legal argument that I don't believe the registry is compliant with the law and some judges have gone along with that. Additionally, if you refused the test, the other way to get you back on the road is if you can get a not guilty prior to the six months, there's a presumption of reinstatement. So if you refused a breathalyzer test, keep in mind these things, keep in mind that your case is more likely to be found not guilty. It's a stronger case. It's more difficult for the government to prove. But look, know that there is some things you want to do to get your license back like appeal the refusal and get the case quickly to trial. My name's Mike DelSignore. I help people with these cases all the time. (781) 686-5924, call, text at that number any time. It's never an inconvenient time to call me. I expect people to call on the weekends, holidays. I've been doing this for years, so it's been part of my life and I'm glad to help. #DUI, #OUI, #drunkdriving, #drunkdrivingdefense, #bestdefense, #lawyerup, #knowyourrights, #criminaljustice, #delsignorelaw, #justice, #courts, #lawyer, #law, #criminaldefense, #MassachusettsOUI, MassOUI, MassDUI, notguilty