Blood Alcohol Testing
Ever wondered what happens when you are stopped by a police officer who believes you are driving under the influence of drugs or alcohol. Do you have to consent to a blood or breath test to determine the concentration of alcohol in your system?
What are your rights as a driver in New Hampshire?
According to New Hampshire Statutes, Section 265-A:4, anyone who drives or operates a vehicle, an off-road vehicle or a boat is “deemed” to have given consent to physical tests and examinations to determine whether they are under the influence of liquor, controlled drugs, prescription drugs or even over-the-counter drugs.
The BAC testing can be either in the form of what is commonly referred to as a breath test, or an actual blood test, or both -- depending on the circumstances.
The law is often complicated, and if you’ve never been in trouble before, you may be stressed out and afraid of what lies in store for you. Michael Anzalone and his legal team will assist you every step of the way. Our goal is to help you resolve the matter as quickly as possible.Can I Refuse Bac Testing?
An arresting officer can require you to take a blood alcohol content (or BAC) test under state law. Your first question may be, “Do I have to submit to blood or breath tests?”
All licensed drivers in New Hampshire are under the implied consent law. So, yes, you do because to refuse is considered an offense in the state. Under state law, a first offense is punishable by a 180-day driver’s license suspension, a second by a two-year suspension and a third offense is a two-year suspension, plus other penalties and fines.
Remember, too, that your refusal to take the test can be used against you. You can still be found guilty of DWI or DUI even if the state doesn’t have the BAC results to prove it.
This is in addition to the DUI/DWI charges you are facing. This is a serious offense in New Hampshire and prosecutors don’t tread lightly on drunk drivers. The tests can be authorized by a law enforcement officer, peace officer or any authorized agent having the reasonable grounds to believe someone is driving under the influence of drugs or alcohol.
You should immediately consult with a DUI lawyer, who will advise you on what you should do next.
If you are arrested, you are facing serious consequences that can have long-lasting effects on you and your family.
For example, the possible penalties are dependent on whether you’ve been convicted on drunken driving charges previously.
A first-time conviction in New Hampshire is punishable by a driver’s license suspension between 90 days and two years. There is also a maximum fine of $1,000 and you will be required to enroll in the state’s impaired driver intervention program. A judge can also order you to complete alcohol or drug treatment programs.
The fines and penalties increase from there. A second conviction within two years brings even stiffer penalties. This includes a minimum jail sentence of 30 days, more fines and a license suspension for a minimum of three years. A judge can also order installation of an ignition interlock device in your vehicle.
The best thing to do if you are facing DWI or DUI charges is to call attorney Michael Anzalone at 603.548.3797 or fill out the online form on his webpage. Michael’s law firm is based in Nashua, New Hampshire, but he represents clients across the state and New England.