Massachusetts · OUI · Checked October 2026

Refusing a Breath or Blood Test in Massachusetts

Refusing a Breath or Blood Test in Massachusetts: What Are the Rules?

What happens if you refuse a breath or blood test in Massachusetts.

Refusal penalty
Immediate suspension of 180 days with no priors, 3 years if you are under 21 or have one prior, 5 years with two priors and life with three or more; no hardship license during a refusal suspension; the vehicle is impounded for 12 hours; the refusal cannot be used as evidence at the criminal trial
License suspension for refusing
180 days (no priors); 3 years if under 21 or with one prior; 5 years with two priors; life with three or more priors
Deadline to challenge
15 days

Researched and checked by the ·

Refusal Penalties in Massachusetts

immediate suspension of 180 days with no priors, 3 years if you are under 21 or have one prior, 5 years with two priors and life with three or more; no hardship license during a refusal suspension; the vehicle is impounded for 12 hours; the refusal cannot be used as evidence at the criminal trialM.G.L. c. 90, § 24(1)(e), (1)(f)(1)

Official source: refusal penalties (Massachusetts)

License Suspension for Refusing in Massachusetts

180 days (no priors); 3 years if under 21 or with one prior; 5 years with two priors; life with three or more priorsM.G.L. c. 90, § 24(1)(f)(1), (1)(f)(2), (1)(g)

Official source: license suspension for refusing (Massachusetts)

More on OUI Law in Massachusetts

See the full overview of OUI laws in Massachusetts and read about implied consent laws in every state.

This page summarizes Massachusetts law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Massachusetts can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Massachusetts?

immediate suspension of 180 days with no priors, 3 years if you are under 21 or have one prior, 5 years with two priors and life with three or more; no hardship license during a refusal suspension; the vehicle is impounded for 12 hours; the refusal cannot be used as evidence at the criminal trial

How Long Is the Suspension for Refusing?

180 days (no priors); 3 years if under 21 or with one prior; 5 years with two priors; life with three or more priors

Sources

  1. Implied consent: M.G.L. c. 90, § 24(1)(e), (1)(f)(1)

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