Umm. There are now a few states that passed laws allowing police to (temporarily) seize the vehicle driven by anyone who refuses a breathalyzer test. And almost all states will automatically suspend the driver's license pending a hearing. Massacussetts law may be one thing ... but before you refuse a sobriety test, double-check your local laws, because DUI/DWI laws are changing rapidly and getting tougher all over.

You could be getting into serious trouble by refusing it. You *might* have the right to demand a blood alcohol test taken at a police "BATmobile" or hospital instead of the breathalyzer in the patrol car because the blood test is much more accurate, and that could introduce an hour's delay, and they base the charge on what level is measured at the time of the test. This may not be the case everywhere, though. And if they do the blood test they will also test for other substances that could impair ability to drive ... so be aware of that ... and they are under no obligation to tell you exactly what they're testing for once you agree to it. Anything they find can be used against you because the blood sample is presumed to have been given voluntarily.

So how can they intrude on us this way? It's because driving is a privilege, not a right. There's no constitutionl "right to drive." States can revoke someone's driver's license as long as they have a rational basis for their actions and procedures, and they're applied consistent with constitutional Equal Protection and Due Process.

Trampy