OUI and the Breathalyzer

One of the decisions you be required to make if you are arrested for OUI is whether to take or to refuse the breathalyzer test at the police station. The police are required to inform you that you may either agree to take the test or to refuse it, as well as the possible consequences of either choice. If you take the test and “fail,” which means that the machine reports that your blood alcohol content is .08 percent or over, than you will lose your license for 30 days. In addition, if you fail the test, the prosecutor can try to use the results against you at trial. If you refuse the test, then your license will automatically be suspended by the Registry of Motor Vehicles (RMV) for a period of at least 180 days (approximately six months), and as long as the rest of your life. The suspension period for a breath test refusal depends upon the number of prior OUI convictions you have. Your refusal to take the breathalyzer cannot be mentioned by the prosecutor during the trial.

Therefore, the decision whether to take or to refuse the breathalyzer is a critical one, and unfortunately one which you have very little time to consider before making. The choice comes down to: Do I refuse the test and lose my license for at least six months but improve my chance of success at trial because the prosecutor will not be able to use breathalyzer evidence, or do I take the test and hope it that the results show a blood alcohol content of under .08 percent, and risk losing my license for 30 days and providing the prosecutor with evidence that they can use at trial if the result is .08 percent or above.