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DUI Chemical Test Refusals Concern Law Enforcement, Prosecutors

Every state, including New Hampshire, has an “implied consent” law that prescribes penalties for drivers who refuse to consent to a chemical test of their blood alcohol concentration (BAC). Penalties range from suspended licenses to fines. However, in many states, including New Hampshire, some drivers refuse to consent to a BAC test despite the consequences – a situation that worries law enforcement officers and prosecutors who have to work harder to get a conviction when no “hard numbers” are available, according to the U.S. National Highway Traffic Safety Administration (NHTSA).

In a 2005 study conducted by the NHTSA, the average rate of refusal in 37 states studied was 22.7 percent. In other words, nearly one-fourth of drivers asked to submit to a BAC test refused. New Hampshire had by far the highest rate of refusal of the states studied, with 81 percent of drivers arrested on suspicion of driving under the influence (DUI) refusing to take a BAC test between 2001 and 2005.

Various states have come up with different methods for combating the refusal of drivers to submit to a BAC test. For instance, some states have set up a system for providing warrants so that law enforcement officials can take a blood draw. Others, including Montana, are considering systems in which a warrant can be telephoned in if the driver has a previous conviction for DUI.

If you’re facing a drunk driving charge, the experienced New Hampshire DUI defense lawyers with Tenn and Tenn, P.A. can help you fight for the best possible outcome in your case. For more information, call us today at (603) 624-3700 for a free and confidential telephone consultation.