By refusing to take the legally admissible breath test back at APD headquarters Frank J Dellaglio, age 32, will be absent from the driver seat for six months . All evidence indicates he was impaired -- especially the "Portable" Breath Test he took in the field showing him well over the .08 limit.
But in Massachusetts the Portable Breath Test cannot be used as evidence in court; and a refusal to take the legally admissible (non "portable") breath test back at the station also cannot be used in court, although that automatically brings a six-month license suspension.
But if he should win his case in front of a judge or jury -- and with the PBT results and refusal to take the real breath test both inadmissible -- that likelihood is a tad higher, then his license is immediately reinstated.
Massachusetts needs to get serious about prosecuting drunk driving laws by allowing the state to use the results of a PBT (just tell the judge it's kind of like Twitter -- not 100% infallible) and also to allow the refusal to take the fancier chemical breath test back at the station be admissible as evidence.