Legal Question in DUI Law in Massachusetts

Re: oui questioning

Well, you are almost certainly "accountable" for the administrative penalties automatically imposed when you refuse the breathalyzer. But the fact that you refused the breath test is almost certainly inadmissible at trial to prove you operated under the influence. So I don't know specifically what you mean by 'held accountable.'

Given the refusal, you need to assess with a knowledgable OUI lawyer whether you should consider trying the case, given the assumption that the breath test refusal will likely be inadmissible. That is a strategic decision that depends on case-specific factors, most often things like: your prior record, the remaining evidence against you for OUI, how you present as a person/witness, where the case is pending, and who the judge is likely to be.

I prosecuted many OUI's as a special ADA a few years back, and know well the best strategic approaches to defending against them. Contact me if you want to explore this.

: oui questioning

This is a tough call. It is almost as if you want both ends.

The quick answer is that you can be held accountable. Moreover, if you were really impaired then you have a probkem regardless.

I hope that you are being represented. If you have any questions contact me.