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Old 01-15-2013, 06:44 PM   #29
Rusty
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Quote:
Originally Posted by ITD View Post
Different states, different laws, in Massachusetts you are only required to take the breathalyser. So in NH does the cop get to pick which "physical tests" are done?

http://www.youtube.com/watch?v=UW0UhYfs1es
Massachusetts Implied Consent:

Massachusetts law requires you to take a breath or blood test if you are arrested for a DWI. Massachusetts’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of your blood or breath for the purpose of determining your blood alcohol content (BAC). The test must be taken as soon as possible from when you were last driving. The officer gets to choose which test you take, although he or she must take you to a medical facility to have your blood drawn. The law also gives a special exemption for diabetics, hemophiliacs, or anyone taking anticoagulants – they don’t have to take the blood test.

Once you are arrested, the officer should tell you that if you refuse to take the test, then your license will be suspended for at least180 days and up to a life-time loss. At that point, if you decide to refuse the test then the officer can’t force you to take one. He or she will, however, take your license, give you notice that your suspension is now in effect, and will send your car to impound. Your car will be stuck in impound for 12 hours after your refusal and you will have to pay for the towing service and storage costs.

You can find the implied consent law at Massachusetts General Laws 90-24(f).
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