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Did your minty breath taint the results of a Breathalyzer test?

It's not uncommon to want fresh breath when you're going on a date. Most Massachusetts residents can relate to wanting to look and feel their best when planning a night out with a special someone. Nothing can ruin a date quicker, however, than getting pulled over on suspicion of drunk driving on your way home. If you and your date did share a drink or two, what follows after you see red and blue lights flashing in your rear view mirror might complicate your life for months to come.

Don't make bad go to worse in a traffic stop

The last thing you need on your way home from work at the end of a long week is to see flashing red and blue lights in your rearview mirror and a Massachusetts police officer behind the wheel of the car behind you. That is not the way you would typically want to kick off a weekend. You had lunch a couple of hours ago with some colleagues at work and ordered a glass of wine with your meal.

Do I have to participate in field sobriety testing?

If a police officer pulls you over on suspicion of driving under the influence in Massachusetts, you'll likely be asked to participate in some tests to check for impairment. Called field sobriety tests, these tests check for both physical ability and mental concentration. A person under the influence of an impairing substance often lacks these things.

Implied consent doesn't mean you can't challenge a breath test

When you obtained a Massachusetts driver's license, you consented to submit to a breath test if requested by a member of law enforcement. If you refuse, you could face consequences, such as a suspended driver's license. Whether you decide to submit to the test is a personal decision, but you should know that you have options.

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Anthony M. Salerno, P.C.
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Worcester, MA 01608

Phone: 508-795-1200
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