In Massachusetts, refusal of a breathalyzer is a six month suspension of your license which is a relative slap on the wrist. In fact, many lawyers in Massachusetts recommend taking the test for a first offense because it is can pleaded down to a 30 day suspended license for a DWI.
Whether it is right or not, most states treat DUIs as minor offenses that usually are limited to suspension of your license for a first offense. In real life, driving while intoxicated may be a bigger issue, but in the legal system it is considered a minor misdemeanor for the most part. At least a first offense with no damage to person or property.
I have a lawyer friend who was represented a client who was on probation for multiple DUIs and took out two parked cars while driving drunk and he still got what was relatively a slap on the wrist.
I'm not disputing the "seriousness" of a DUI in regards to getting into trouble or the legal system, Rob--despite what we can both agree on a moral level is indeed a "serious" offense.
I'm just stating that the fact that the prosecution specifically issued an order to the judge to flat out revoke Dennard's probation entirely
prior to the case even being heard in court is not a good sign at all.
That, coupled with the fact that you also need to look at the seriousness of the original charge is what I respectfully feel you are minimizing a bit.
One other issue that I'd respectfully disagree with is that in many cases the administrative 6-12 month license suspension is NOT always plead down to "just" a DUI 30 day suspension. And it's certainly not the "slap on the wrist" that you're claiming in comparison to the slap on the wrist of the usual 30 day suspension that most DUI offenders are given. It's actually much harsher than that, and can be anywhere between 6-12 months vs the usual month. The reality is in fact, many defendants who are found guilty of the DUI on top of refusal of the test are actually punished harder than they'd have been had they just blown into the breathalyzer and taken the DUI charge. In many of those cases they end up with a longer license suspension of 6-12 months on top of the DUI conviction too, although I'm sure you are right that some of them in certain circumstances end up accepting a plea; but I don't think it's nearly as certain as you may believe.
Unless your fear was the more serious aggrevated DUI charge that often occurs when you are insanely drunk, I personally wouldn't refuse the test myself. If you feel as though you're blotto and you can end up getting the aggrevated charge past them down to simple DUI, then you should refuse the test; but if you're not even sure if you're legally drunk or not and are just tipsy, then you should always take the test...at least in my opinion anyway. However, it's a major controversy that a lot of people disagree on, and my guess is that it'll remain that way. I'm just telling you my personal thoughts on what I'd do, for whatever that may/may not be worth to you.
At any rate, that is irrlevant. The biggest shame of the matter is that is appears as though judge Stephanie Stacy would have seriously considered outright suspending Dennard's 30 day sentence come March, had he just stayed out of trouble. At least that's what she claimed on April 11, when the defense asked for such a thing. Now that is out the window too.
