Is it legal for law enforcement to force you to consentd against your will to a breathalyzer, blood, or urine test to determine your blood alcohol content?

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Is it legal for law enforcement to force you to consentd against your will to a breathalyzer, blood, or urine test to determine your blood alcohol content?

Asked on February 1, 2012 under Criminal Law, Texas

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

In Massachusetts, if you operate on the road, you are legally obligated to take a breathalyzer test if requested.  That being said, if you choose not to consent to the Breathalyzer, this is noted on your paperwork, and your right to operate is suspended for at least 6 months. 

There are situations outside of a motor vehicle stop where the law enforcemnent may drug or alcohol test you, including if this is terms of probation, terms of pretrial release, or for other similar proceedings.  If it is set as part of a court order, you do not have the right to refuse the tests. 


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