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 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 (888) 332-5855 for a free and confidential telephone consultation.

Related Posts
  • Do DUIs Spike in New Hampshire During the Holidays? Read More
  • The “Drive High Get a DUI” Campaign in New Hampshire Read More
  • Impaired Driver Care Management Programs in New Hampshire Read More
Why Choose Tenn And Tenn Let Our Family Help Your Family
  • A Family Firm

    We are a family committed to providing excellent service to our clients.

  • Statewide Service
    We work hard to obtain the best results possible for clients throughout New Hampshire.
  • Trial-Tested Attorneys
    Our lawyers are experienced courtroom advocates who are ready to take your case to trial to obtain justice.
Free Injury Consultations Available Contact Us Today

Whether you have questions or you’re ready to get started, our award-winning legal team is ready to help. Complete our form below or call us at (888) 332-5855.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.