Massachusetts OUI Lawyer Michael DelSignore is frequently asked what the best decision is to take or refuse the breath test.  While the general correct answer is to refuse, there are implication to refusing a breath test that must be understood.

Should you take the breath test:  This is one of the most difficult decisions people face in an OUI case—and it often has to be made in a matter of seconds.  The answer really depends on is the case still winnable even without a breath test and can you get a ride to work while Attorney DelSignore fights your case; if you cannot manage without driving, refusing may not be the best decision for you.  The decision whether to take or refuse a breath test is made quickly; you did not expect to be arrested.

You are pulled over.
You are placed under arrest.
The officer asks you to take a breath test.

At that moment, most people are not thinking about legal strategy. They are thinking about getting through the situation.

But that decision—take the test or refuse—can affect both your license and how the case is defended.

There Is No One-Size-Fits-All Answer

One of the biggest misconceptions is that there is a “right” answer that applies to everyone.

There is not.

The better way to think about it is this: each option carries consequences, and each can impact the defense differently.

Understanding those differences is what matters.

If You Take the Breath Test

If you take the test and the result is over a .08:

• Your license is typically suspended for 30 days (for a first offense)
• The Commonwealth now has a specific number to use as evidence
• The case may appear stronger at first glance

But that is not the end of the analysis.

Breath test results can still be challenged.
The rest of the evidence still matters.
And many cases are defended successfully even with a result over the legal limit.  The breath test can be excluded from evidence.

If You Refuse the Breath Test

If you refuse:

• Your license is suspended for 180 days (for a first offense)
• There is no breath test number introduced at trial
• The case relies more heavily on observations and field sobriety tests

In some cases, the absence of a breath test can make the Commonwealth’s case more difficult to prove.

But the license consequence is immediate and significant.

What Really Drives the Outcome

The decision to take or refuse the test is important—but does not always decides the case by itself.

What matters more is:

• How the stop occurred
• Whether the officer had a legal basis
• How the field sobriety tests were conducted
• What the video evidence shows
• Whether proper procedures were followed

Those are the areas where cases are often won.

Where People Go Wrong

People often look back on that moment and feel like they made the “wrong” decision.

That thinking can lead to unnecessary anxiety.

The reality is:

• There are defenses in both scenarios
• Strong cases can exist with or without a breath test
• The focus should always be on how the case is handled moving forward

What You Should Be Focused On Now

If you are facing a first offense OUI, the most important step is not the decision you already made.

It is understanding:

• What you are up against
• What your options are
• How to make the best decision from this point forward

That requires a careful review of the facts—not assumptions.

A Calm, Strategic Approach

An OUI charge creates immediate stress—concerns about your license, your record, and your future.

The role of a defense attorney is not just to fight the case in court.
It is to guide you through those decisions with clarity and experience.

Because in many cases, there is more that can be done than people initially believe.  Call or Text Attorney DelSignore with any questions at 781-686-5924.