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Breath Tests

New Hampshire Breath Tests

Breath Testing to Determine Blood Alcohol Concentration (BAC)

New Hampshire has an Implied Consent Statute (RSA 265-A:4). This means that any person that operates a motor vehicle, OHRV or boat in New Hampshire has been deemed to have given consent to physical tests and/or to chemical tests for the purpose of determining controlled drug or alcohol content. If you are pulled over for a DUI in New Hampshire, you may therefore be asked to submit to a breath, blood or urine test. It is the officer's choice which test to request.

You are not required to take the test and you may refuse. Refusing the test often deprives the State of evidence that it relies upon to establish the crime of drunk driving or impaired driving in court.

However, there are penalties for refusing the test that are important to understand. A refusal triggers the administrative license suspension process, which may result in the imposition of a 180 license loss for a first offense and a 2 year license loss for a subsequent offense. Separate from this administrative process, you also may be charged with the criminal offense of Driving While Intoxicated in a New Hampshire court. In New Hampshire, the fact of a refusal may be used against you in court as evidence of impairment, which is much different than in other states, including Massachusetts.

Refusing a Breath Test

Refusing a blood or breath test triggers the New Hampshire administrative license suspension process and results in a license loss of 180 days for a first offense and 2 years for a second offense. It may also lead to being charged with the crime of Driving While Intoxicated (DWI).

If you are facing a license suspension or arrest because of your breath test refusal, contact a skilled New Hampshire attorney from our firm.

If you have been arrested based on suspicion of driving while intoxicated (DWI), one of our attorneys from Shaheen & Gordon, P.A. can provide you with the legal guidance you need to get through your case.

Legal Assistance from a New Hampshire DWI Lawyer

If you are facing arrest for a DWI charge and you have refused a breath test, it is important to get legal assistance from a New Hampshire DWI attorney at our firm. A conviction for a DWI has serious consequences and we can help you avoid the devastating penalties. To reduce these consequences, it is important to hire an attorney who has the knowledge and experience to help you through your case.

Our firm has celebrated our 30th anniversary and we can use this extensive experience to help you through your case. Contact our firm today!

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