Overview of Chemical Test Refusal (CTR) in Massachusetts

Chemical Test Refusal, often abbreviated CTR or simply Refusal is a serious charge in the Commonwealth of Massachusetts. CTR results from a Defendant being places under arrest on a suspicion of OUI (commonly called DUI) and refuses to supply a breath sample to measure his Blood Alcohol Concentration.
Under Massachusetts law, where the officer has reasonable grounds to believe a driver is Operating under the Influence, that driver has no right to refuse to provide a breath sample. This is a concept known as implied consent. This doesn’t mean that if one refuses to provide a sample that the officer will physically force  driver to provide that sample, rather the driver is charged with CTR and endure the consequences\

Penalties for CTR

The following is a brief overview for a more detailed explanation of penalties, please visit our  CTR Penalties page.
For more information concerning OUI penalties please visit our OUI / DUI Penalties
 CTR is an entirely separate charge from OUI, with it’s own set of penalties. This is most important when it comes to the license suspension as the license suspensions (both pre and post conviction) are separate from one another. Unlike many states, in the Commonwealth of Massachusetts, these suspensions cannot be served concurrently, they must be served separately.
Though it may seem unconstitutional to many people, CTR suspensions are imposed without a trial or even a court appearance. If you refuse a breath test, your license will be suspended for a period anywhere from 6 months to the rest of your life (depending on your driving record – see our CTR Penalties page for more details). Rather than being the state’s burden to prove one’s guilt it is incumbent upon the driver (and counsel of his or her choosing) to appeal their suspension for CTR.

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