Quote:
Originally Posted by Mr. V
It varies state by state, but you are not required to blow in the BAC.
If you choose not to, your license is suspended for six months to a year after an administrative hearing.
Stiff price to pay.
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Mr. V is correct, you do not have to take the test.
But just a few notes...
Airwaves original post is interesting, and one of many challenges to both the machine test and the field sobriety tests leading up to an arrest. Right now a local seacoast attorney is claiming that the sobriety tests that led to his client's arrest were faulty, because he claims his client was to "obese" to perform the commands correctly. Another case worth following.
The law we are talking about that compels a test is known as the "implied consent" law. In a nutshell it means that upon acceptance of your driving privileges you consented to performing a blood, breath or urine test if requested.
Now, you can refuse the breath test. This results in an automatic license suspension. However, as Mr. V points out you are afforded an opportunity to challenge this "adminstrative" suspension by attending a hearing conducted by the Motor Vehicles Department. This hearing only pertains to the license loss if you refused the test, you still will face criminal charges in court.
Also, when you are asked to give the test the officer will inform you that immediately after you have the right to submit a blood or urine test of your own choice. Very few people, after consenting to a test, ever avail themselves of this opportunity.
Oh, almost forgot. All of NH uses the Intoxilizer 5000 machine, completely different from the one cited by AIRWAVES, but working along the same principal.
Interesting topic.....
