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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Massachusetts Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Q: What is Melanie&#039;s law in Massachusetts?

Melanie&#039;s Law is one of the laws that makes Massachusetts such a strict state for drunk driving. It mandates that any offender who has been convicted two or more times for Operating Under the Influence (OUI) is required to have an Ignition Interlock Device installed in his or her vehicle.

Q: What happens in MA if you refuse a breathalyzer?

Massachusetts law now further mandates that, for driver&#039;s over the age of 21, your Driver&#039;s License will be suspended if you refuse the Breathalyzer Test for: No Prior OUI Offenses: 180 days. 1 Prior OUI Offense: 3 year suspension. 2 Prior OUI Offenses: 5 year suspension.

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Massachusetts, refusing to take a chemical test is not a criminal offense, but is instead a statutory requirement with an administrative suspension/revocation. The RMV will suspend/revoke your learner's permit/driver's license or right to operate immediately.

The first time you are convicted of an OUI in Massachusetts you will be fined from $500-$5,000. You also face up to 2 1/2 years in prison and your drivers license will be suspended for the period of 1 year.

Under Massachusetts law, the prosecution, or state, must prove three elements in order to obtain a conviction for OUI: The defendant was operating a motor vehicle. The vehicle was operated on a public way. The driver (defendant) of the vehicle was under the influence of drugs or alcohol (If you have a BAC of .

If you refused a breathalyzer test, and are found not guilty on the OUI charge, there is a presump- tion that your license would be reinstated. Otherwise, the only way to get a hardship license if your refuse the breathalyzer test is by resolving the OUI charge by way of a plea agreement.

The short answer to this question is that, as of January 9, 2019, the breathalyzer tests are not admissible for most cases. Exceptions to this exist only for OUI cases involving serious bodily injury or death and for cases charged as a 5th offense OUI or greater.

If you are under 21, you also face more severe penalties for refusing the breath test. For those over 21 years old, your license is automatically suspended for 180 days following a breath test refusal. For anyone under 21 years old, the automatic license suspension is for a period of three years.

Melanie's Law is one of the laws that makes Massachusetts such a strict state for drunk driving. It mandates that any offender who has been convicted two or more times for Operating Under the Influence (OUI) is required to have an Ignition Interlock Device installed in his or her vehicle.

Massachusetts law now further mandates that, for driver's over the age of 21, your Driver's License will be suspended if you refuse the Breathalyzer Test for: No Prior OUI Offenses: 180 days. 1 Prior OUI Offense: 3 year suspension. 2 Prior OUI Offenses: 5 year suspension.