What Should You Do If Stopped for Drunk Driving in Massachusetts?
- Steven Topazio wrote this May 29, 2025 at 9:00 pm
Being pulled over for suspected drunk driving in Massachusetts is a stressful and serious situation. The choices you make in these critical moments can significantly impact the outcome of your case. Below, we provide the following essential guidance on how to handle a DUI stop while protecting your rights.
Remain Calm and Pull Over Safely
As soon as you see the flashing lights, safely pull over to the side of the road. Use your turn signal and avoid any sudden or erratic movements, as these can be used against you in a police report.
Be Respectful but Exercise Your Rights
When the officer approaches, be polite and provide the necessary documents: your driver’s license, vehicle registration, and proof of insurance. However, remember that you are not required to answer potentially incriminating questions such as, “Have you been drinking?” You have the right to remain silent beyond providing your basic information.
Understand Field Sobriety and Breathalyzer Tests
In Massachusetts, you are not legally required to perform field sobriety tests. These tests are subjective and can often work against you.
Similarly, while you can refuse a roadside breathalyzer test—which is not admissible in court—refusing a breathalyzer at the police station will result in an automatic license suspension under the state’s implied consent law. Weigh this consequence carefully.
Do Not Admit to Drinking
Admitting to alcohol consumption—even “just one drink”—can be used as evidence against you. Instead of answering directly, you can politely state that you prefer not to answer any questions without a lawyer present.
If Arrested, Remain Silent and Request an Attorney
If you are placed under arrest, do not resist or argue. Invoke your right to an attorney immediately and do not answer further questions without legal representation. Anything you say can and will be used against you in court.
Know the Consequences of a DUI Conviction
Massachusetts has strict DUI laws, with potential penalties including:
Fines
License suspension
Mandatory alcohol education programs
Jail time
Repeat offenses lead to even harsher consequences. An experienced DUI attorney can help navigate the legal process and potentially reduce or dismiss charges.
Contact an Experienced DUI Attorney
If you have been charged with a DUI, seek legal representation as soon as possible. Attorney Steven Topazio has extensive experience handling drunk driving cases in Massachusetts and can work to:
Protect your rights
Challenge the evidence against you
Strive for the best possible outcome in your case
Being stopped for drunk driving is a serious matter, but how you handle the situation can make a significant difference. Stay calm, exercise your rights, and contact Attorney Steven Topazio to discuss your defense strategy. Having an experienced lawyer on your side can be crucial in protecting your future.