When dealing with law enforcement, it is essential to know your rights. If you are suspected of drunk driving, police may ask for a blood sample. But can they take it by force, and what does the law say about consent?
Rights to exercise
The law provides individuals with several protections during a traffic stop:
- The right to remain silent
- The right to refuse field sobriety tests
- The right to contact an attorney before chemical tests
- The right to independent testing after police testing
- The right to refuse blood tests (with penalties)
In New Hampshire, implied consent laws apply to all licensed drivers. When you receive a driver’s license or by driving in the state, you agree to chemical testing if arrested for drunk driving.
Still, officers must follow specific procedures. New Hampshire law allows you to refuse a blood test, but this refusal has consequences.
Consequences of test refusal
Refusing a blood test in New Hampshire triggers automatic license suspension. First-time refusals result in a 180-day suspension.
The penalties increase with previous refusals or drunk driving convictions. Courts may also use your refusal as evidence against you at trial.
Warrants and blood draws
Police can obtain a warrant for your blood. With a valid warrant, officers can legally take your blood without consent. Emergency situations might allow warrantless blood draws, but these exceptions remain limited after recent Supreme Court decisions.
Defending against improper blood tests
Many legal defenses exist against improperly obtained blood tests. These include:
- Challenging the validity of the traffic stop
- Questioning the probable cause for arrest
- Examining if proper protocols were followed
- Investigating chain of custody issues
- Analyzing improper warrant procedures
An experienced attorney can help you explore these defenses. Your freedom, driving privileges and future may depend on proper legal representation.
