A bill has been introduced before the New Hampshire House of Representatives, called HB 575-FN – AN ACT prohibiting driving with any amount of certain controlled drugs or metabolites in the blood or urine which slips this little gem into our laws:
II. Any person who drives, operates, or attempts to operate an OHRV, drives or attempts to drive a vehicle upon the ways of this state, or operates or attempts to operate a boat on the public waters of this state shall be deemed to have given consent to chemical, infrared molecular absorption, or gas chromatograph test or tests of his or her blood or urine for the presence of any schedule I controlled substance, as defined in RSA 318-B:1-b, or its metabolites.
Read that again if it didn’t sink in. If you’re going for a gallon of milk, you’ve implicitly given your consent to have to pee in a cup or be stuck for a blood draw just by pulling out of your driveway. No commission of a crime is required, no reasonable suspicion need be raised. You’ve implicitly consented, just by driving, or riding your ATV or snowmobile, or piloting your boat. If you’re out fishing on the lake, you cannot refuse a random blood draw. Well, you can, but you’ll be found guilty of a misdemeanor and subject to arrest. I’m sure you’ll be eventually vindicated on fourth amendment grounds, if you can afford to fight it, but any way you cut it this is outrageous and demeaning.
This bill is sponsored by Reps. J. Flanders and Welch, of Rockingham District 8. The committee members contact info can be found here and you can find contact information for your legislators here.
A hearing is scheduled at the Legislative Office Building in Concord on 02/05/2009 at 11:00 AM, Room 204. Everybody needs to be there.