Standing Tall Between Your Future And The Judge’s Gavel

Understanding implied consent and its impact on an OWI charge

On Behalf of | Jan 9, 2023 | Drunk Driving |

It is not uncommon for Massachusetts residents to enjoy a beer or cocktail when watching the big game or catching up with friends. Unfortunately, they sometimes get behind the wheel afterward, when they are too inebriated to drive safely.

Massachusetts takes drunk driving seriously, and there are serious penalties for those accused of operating under the influence.


In the state of Massachusetts, like all other states, it is illegal to operate a motor vehicle after consuming alcohol to the point of being under the influence. While other states may refer to this as a DUI or DWI, it is referred to as an OWI in the state of Massachusetts.

Facing an OWI charge is serious, and the punishments that could result are severe. These include significant fines and the temporary loss of a driver’s license.

implied consent

Based on implied consent, police officers can require a driver to submit to a breath or blood test. This means that a motorist does not have the right to refuse these tests, as implied consent laws apply as soon as someone signs up for the privilege to drive a motor vehicle.

Implied consent essentially means that a driver agreed to a chemical test in the event of a police officer suspecting that they are under the influence, and this consent is established as soon as a driver obtains a driver’s license. In situations where a motorist refuses these tests, various penalties will be triggered. This includes the automatic suspension of their driver’s license and even criminal charges separate from the OUI.

Because the situation and penalties are often serious and severe, it is important that drivers understand their rights and options when it comes to initiating a defense. By understanding the situation and evidence involved, a strong defense against the charges can be established.

Getting pulled over does not mean that you must deal with the resulting charges. Not all traffic stops are legal and not all sobriety tests are conducted properly. Thus, it is important to consider your legal rights and options, ensuring you initiate a strong defense against a drunk driving charge. Doing so could help you reduce or even dismiss the allegations against you.