Walk It Through: Pulled Over In Massachusetts
A name and address, a phone not held at all, and the breath test refusal.
Blue lights behind you on the Pike. The officer asks for your license, registration, name and address.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and one arrest. Whether a stop was lawful, the field sobriety tests, the penalties for a second offense, and the public transportation phone rule are not covered here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Chemical test refusalDeclining the breath or blood test a driver arrested for operating under the influence is deemed to consent to. Refusing suspends the license for at least 180 days, up to a lifetime loss.
- Operating under the influenceOperating a motor vehicle on a public way, or a place the public can use, with a blood alcohol percentage of eight one hundredths or greater, or under the influence of liquor, marijuana, narcotics, depressants or stimulants.
- Hands free modeThe only way a driver may use a mobile electronic device; the driver may not hold one, or read or view text, images or video on one.