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Why does New Hampshire have the highest implied consent refusal rate?

August 15, 2011


I know that New Hampshire has the highest refusal rate in the country in terms of implied consent, meaning when an officer arrests a driver in New Hampshire, brings him back to the station, reads them the implied consent form, and asks them to take a breath or blood test, folks in New Hampshire, more than any other citizens of any other state in the country, refuse to participate in that testing. I believe it is probably due to the fact that in New Hampshire, you’re given an option. If you take this test and you register over the legal limit of .08 on the Intoxilizer 5000, your license or privilege will be suspended for a period of 180 days. If you refuse that test, or you don’t take it, your license or your privilege to drive will be suspended for a period of 180 days. The suspension period is exactly the same whether you take the test and fail it, or you refuse it. And given that option, which really creates no benefit to the driver, faced with that decision, 85% of the people in New Hampshire, given that choice, decide, “I’m not taking the test.”

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