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Main Page Implied Consent OUI Drugs
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Posted by: chuckD

Can anyone explain implied consent on blood submissions for those arrested for OUI drugs.

Is there a penalty for refusing to submit to a chemical test?

If there are any experts or DRE's out there that could help, please feel free to pm me.

Thanks.

Posted by: 94c

I know for a fact that 263-5A doesn't apply to drugs.

I have never heard of implied consent for drugs.

I've never heard of DRE's even being accepted in this state.

Posted by: Hb13

Quote:

Originally Posted by 94c

I have never heard of implied consent for drugs.

I've never heard of DRE's even being accepted in this state.

Alright, atleast I wasn't the only one who read this question and was confused

I was begining to think I had lost whatever was left of my mind.

Posted by: ninety_four_c

Quote:

Originally Posted by 94c

I know for a fact that 263-5A doesn't apply to drugs.

I have never heard of implied consent for drugs.

I've never heard of DRE's even being accepted in this state.

I agree with DAD, there is not an implied consent for drugs. I'm not sure but I think that DRE's may be accepted in this state.

Posted by: Crvtte65

May shed some light:

http://www.massdre.org/

Posted by: jdmac33

Depending on the courts, DRE's are very much accepted. The evaluation is only done through consent. The only form you need to read is his / her Miranda rights, and what ever the departmental policy stipulates. There are no implied consent forms to read, that is only for OUI alcohol. When a DRE evaluation is done, the DRE will get a urine sample from the suspect, to send out to the state lab. Once again they can refuse and there will be no violation, or license suspension. The law is poorly written.

Posted by: Irish Wampanoag

PS a DRE doesnt have to be called for OUI drugs... You as an officer can ask for a urine sample, however no penalty for refusal. No blood draw results for OUI drugs even if the person goes to the hospital.

Posted by: dgove35

thanx

Posted by: jdmac33

good luck in court

Posted by: phuzz01

Wow, that really stinks. Up here, implied consent applies for OUI drugs as well. We can request, blood, breath, urine, physical tests, or any combination of those. So, if I arrest someone for DWI, then I can make them perform another set of FSTs in the booking room in front of the camera, then put them on the intoxilyzer, then make them give a urine sample, then have them submit to a DRE eval, and then take them to the hospital for blood. If they refuse ANY of those tests, implied consent kicks in and they are suspended. I've never actually done all of that, but theoretically you could.

The only downside is that if blood or urine results come back with drugs but no alcohol, they are not suspended for that. They can only be suspended for a refusal or BAC > .08

Posted by: jdmac33

You must be from Maine or New Hampshire.

Posted by: Rock

You tell them you want them to take the BT just to be sure but after you explain it you say, "I personally wouldn't take it but you can do what you want". They refuse, license suspended.

Posted by: ninety_four_c

Quote:

Originally Posted by Rock

You tell them you want them to take the BT just to be sure but after you explain it you say, "I personally wouldn't take it but you can do what you want". They refuse, license suspended.

I believe the purpose of having them take the BT for OUI drugs is to rule out alcohol. There is no implied consent for OUI Drugs and no refusal for taking the BT, meaning no license suspended.

Posted by: Rock

I understand that there is no implied consent for OUI drugs however....what you would be doing in my example is exactly what you said, "ruling out alcohol" which is good for the ADA and can further explain the AH's actions. You can justify a BT due to them driving impaired. So when they refuse (if they refuse) the license IS suspended. The actual charge is OUI drugs/alcohol. Same chapter/sec.

Posted by: PearlOnyx

I'm surprised that MADD hasn't lobbied for better OUI Drugs laws in MA. Frankly, that system kind of stinks. Driving high is just as dangerous as driving drunk, and sometimes worse. Here, breath, urine, and blood is basically all treated the same, with some stronger restrictions on when you can take blood. When I take blood in serious bodily injury DUI cases it always amazes me all the crap that comes back in people's bloodstreams.

Posted by: ninety_four_c

Quote:

Originally Posted by Rock

I understand that there is no implied consent for OUI drugs however....what you would be doing in my example is exactly what you said, "ruling out alcohol" which is good for the ADA and can further explain the AH's actions. You can justify a BT due to them driving impaired. So when they refuse (if they refuse) the license IS suspended. The actual charge is OUI drugs/alcohol. Same chapter/sec.

I think your way off. But if you think your doing the right thing, continue doing what you do and make some interesting case law.

Posted by: TopCop24

OUI Drugs in Mass = Not Guilty simple enough

Posted by: Irish Wampanoag

Quote:

Originally Posted by TopCop24

OUI Drugs in Mass = Not Guilty simple enough

Absolutely!!!!!!, however its at least four hours OT and if the arrest is done near or at the end of your shift its additional OT hours.

Its all about the OT

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