Commonwealth v. Brazelton

The sole issue in this appeal of the Commonwealth from the allowance of a motion to dismiss is whether, under the United States Constitution or the Massachusetts Constitution, an arrested person has a due process right to counsel prior to deciding whether to take a breathalyzer test. Admittedly, there is no statutory right. We hold that there is no such constitutional right.

The defendant was arrested on June 13, 1987, for operating under the influence of intoxicating liquor and taken to the police station. From the judge’s findings of fact in connection with the defendant’s motion to dismiss,…