Pulled Over After Drinking? Skip the Roadside Tests and Know Your Options

Getting pulled over is nerve-wracking enough. If you’ve had a few drinks, what you do next really matters. Here’s the short version on field sobriety tests, the breathalyzer, and what’s called the 24D program if you end up charged.

Field Sobriety Tests: Just Say No

You don’t have to do the walk-and-turn, the one-leg stand, or any of that. There’s no penalty for refusing, and it usually can’t be used against you in court. Honestly, these tests are hard for sober people to pass on a dark roadside in dress shoes — all they really do is give the officer more to write down against you.

The Breathalyzer: If You’ve Been Drinking, Don’t Take It

This one’s different because of implied consent — driving in Massachusetts means you’ve technically already agreed to a breath test if you’re arrested for OUI. Refuse it, and your license gets suspended right away: 180 days for a first offense, three years for a second, five for a third, and up to life after that.

Here’s our honest advice: if you’ve been drinking, do not take the breath test. A 180-day suspension is a headache, but it’s a lot easier to live with than a number on paper that helps convict you and puts a finding on your record. A refusal gives the prosecution nothing to point to. A blown breath test hands them their best piece of evidence.

What Is the 24D Program?

If it’s your first OUI, you may qualify for 24D — a program that lets you avoid a guilty finding if you complete the requirements. Here’s what it usually involves:

• Probation for up to a year, with a small monthly fee.
• A 16-week alcohol education class (roughly $600–$800).
• Only a 45-day license suspension instead of a full year — 90 days if your BAC was .20 or higher.
• You may qualify for a hardship license so you can still get to work.

It’s a good deal, but you only get to use it once in your life, so it’s worth talking through your specific situation before deciding how to handle the case.

Bottom Line

Skip the field sobriety tests. If you’ve been drinking, skip the breath test too — the license suspension is temporary, but a finding on your record isn’t.

Either way, call Aloise and Wilcox, P.C. at 508-755-8118 before you decide anything else — we’re available anytime.