Commonwealth v. Neary-French

In Commonwealth v. Brazelton, 404 Mass. 783, 785 (1989), this court held that there is no right to counsel under the Sixth and Fourteenth Amendments to the United States Constitution or art. 12 of the Massachusetts Declaration of Rights before a defendant decides whether to take a breathalyzer test. In this case, we are asked to revisit our holding in Brazelton in light of the 2003 amendments made to G. L. c. 90, § 24, the statute establishing the offense of driving while under the influence of intoxi- eating liquor. 2 Prior to the 2003 amendments, G. L. c. 90, § 24, included a permissible…