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Prospects Dim for Mass. Alcohol Testing Bill
January 31, 2007

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News Summary

A Massachusetts state lawmaker wants all drivers involved in serious auto crashes to be tested for alcohol, but experts say the measure would violate the privacy protections under the state constitution.

The Quincy Patriot-Ledger reported Jan. 26 that Rep. Frank Hynes introduced the bill after a report found that just five of 296 drivers involved in fatal crashes in 2005 in Massachusetts were tested for alcohol.

But the Massachusetts Supreme Judicial Court has held that the state constitution includes broad protections against self-incrimination; for example, in 1992 the high court ruled that it would be a violation of constitutional rights to let prosecutors admit a driver's refusal to take an alcohol test as evidence at trial.

"Forcing them (to take an alcohol test) would be forcing them to testify against themselves," said Barbara Harrington, executive director of the Massachusetts chapter of Mothers Against Drunk Driving.
 

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