Kilroy Law Firm

Yes. In Massachusetts, an OUI and Refusal to Submit to a Chemical Test are two separate and distinct offenses that have very different elements of proof. Additionally, an OUI is adjudicated by the District Courts, while the Refusal is adjudicated by the RMV. Lastly, an OUI is considered criminal offense, while a Refusal is a civil offense.

There are many ways in which a traffic offense may be dismissed. To get a detailed assessment of your specific ticket, give us a call or text us at: 508-444-0784.

At Kilroy Law Firm, we do handle expungements of criminal records. Please give us a call to see if you are eligible. 508-444-0784.

Yes. Although, that defense should be asserted in court, and not at the time of the stop. The Fourth Amendment to the Constitution affords protections against unreasonable searches and seizures. If a stop is found to be illegal by a court, a case can possibly be dismissed as a result.

Generally speaking, you should not consent to taking any tests or speaking with police without your lawyer being present.

Refusing a breathalyzer or chemical test in Massachusetts as part of an OUI investigation can have very serious consequences, resulting in lengthy license suspensions. In Massachusetts, the penalty for such an offense depends on how many prior OUI convictions that you have had before the refusal occurred. The Registry of Motor Vehicles (RMV) handles the adjudication of refusals. Generally, the penalties for an OUI refusal in Massachusetts are as follows: 1st Offense: 180 day license suspension; 2nd Offense: Three-year license suspension; 3rd Offense: Five-year license suspension; and 4th or more Offense: Lifetime license suspension.