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 In Massachusetts, the DUI booking process consists of being brought before a police official, usually a ranking officer, who will ask you a series of questions. Once the officer obtains basic information such as your name, address, and date of birth, he or she may ask you a series of DUI related questions such as how much you've had to drink, how much sleep you had, if you had been to a dentist, if you recently used mouthwash, etc... You are under no legal obligation to answer these DUI related questions.
After the DUI booking process is complete, you will likely be asked if you want to submit to a breathalyzer. Your refusal to take a breathalyzer cannot be used against you in court and the jury will never hear that you refused to take the test. However, refusing to take the breathalyzer will cause your driver's license to be suspended for 6 months up to lifetime. The length of the breathalyzer refusal suspension depends on how many prior DUI convictions you have. Breathalyzer refusal suspensions can be challenged at many different levels. If your license is currently suspended for refusing the breath test, please contact Attorney Brian E. Simoneau at 508-881-1119 or via e-mail: attorney@rmvappeal.com.
If you refuse the breathalyzer, the police must properly document the refusal and the fact that they advised you of the consequences. If their documentation is lacking, you may be able to avoid the refusal suspension. Contact Attorney Simoneau to find out how.
If you decide to take the breathalyzer, the police must follow strict rules when administering the test. There are numerous ways to exclude the breathalyzer evidence from your DUI trial if the police did not follow these detailed rules. Many factors such as a problem with the breathalyzer, an uncertified operator, an uncertified breathalyzer, or an invalid calibration test can make test results inadmissible. This area should be thoroughly explored as part of your DUI defense.
You have certain important legal rights at your booking. For example, you are entitled to make a phone call within one hour of your arrival at the police station and you must be informed of this right immediately. You also have the legal right, at your request and expense, to be examined immediately by a physician selected by you. You must be informed of this right immediately upon being booked, and you must be afforded a reasonable opportunity to exercise this right. The police cannot interfere with your reasonable attempts to obtain an independent examination. If the police did not afford you these rights, you may have grounds for suppression of evidence and, potentially, a dismissal of your DUI charges.
The police will check your criminal record and make sure that there are no outstanding warrants for your arrest. If you refused the breathalyzer, the police will immediately suspend your license and notify the Registry. If you failed the breathalyzer, your license will also be suspended.
If you were arrested while the court is open, the police will transport you to court for arraignment. Otherwise, you may be placed in a cell. Generally, persons arrested for DUI in Massachusetts are released by a bail commissioner and given a court date to appear for arraignment. You have the legal right to be released promptly, so that you can exercise your legal right to an independent blood test.
There are certain things that you can do after being arrested for DUI which may improve the outcome of your Massachusetts DUI case. Contact a Mass. DWI lawyer to find out more. Also, If you need representation, or if you have any questions, please contact a Massachusetts DUI attorney regarding your case.
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