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You were arrested and charged with driving under the influence in Massachusetts and asked
to submit to a breath test. The question comes up should I submit to it or should I refuse
it? I’m Steve Brooks. I’m a criminal trial attorney in Massachusetts, with an office
in Boston and in Dedham. And I can answer your questions about this subject. In Massachusetts,
unlike every other state, if you refuse a breath test evidence of the refusal is not
admitted in court. The jury never knows that you were offered a test and that you refused
it. On a similar note, there’s no consciousness of guilt instruction that goes to the jury
on this issue so the prosecutor can’t argue that you felt that you were guilty and that’s
why you refused. Also, the prosecutor’s case is going to be less substantial without
breath test evidence. Even though there are issues with respect to the breath test, it
never hurts to have no evidence besides the officer’s opinion. If all the commonwealth
has to go on is the officer’s opinion of your sobriety, the case is easier to try and
easier to win. Now you may be looking at this video because you have been arrested and refused
a breath test. I can answer your questions about this subject. Call me at 781-251-0555.
And thanks for watching.