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Implied Consent Law in Massachusetts

You are deemed to have consented to a breath test, and refusing to perform that test has consequences.  Blood tests are much more restricted by the state.  Only suspects taken to a medical facility (like going to a hospital after a car accident) are deemed to have consented to blood tests and that is mainly because if your blood is being drawn anyway for other reasons, such a test is much less invasive.  But this does not apply to persons with diabetes, hemophilia, or other conditions requiring the use of anticoagulants.  Refusal to submit to a breath test means the state can revoke your license for 180 days.  Also, this is independent of the OUI charges.  However, if the suspect is below the age of 21 and has a previous conviction for OUI where his/her BAC was .08 or higher, refusal to submit to a test means the revocation of license will be for 3 years.  Two previous such convictions bump the revocation of license up to 5 years and 3 or more such convictions bump the revocation of license up to life.


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