Here’s a question we hear a lot: “Should I blow?”
What You Need to Know about DWI Breath Tests in NH
If you are arrested for DWI in NH, here is what you need to know:
If you submit to a breath or blood tests, the result may be used against you at a DWI trial.
If you submit and your alcohol concentration level (BAC or BrAC) is over .08, the you will lose your license for at least 6 months (or longer if you have a prior DWI conviction or refusal), regardless of whether you are convicted or even charged with DWI.
If you submit to a breath test be sure to save the capture tube. Under New Hampshire law, you must be provided with a second sample. Sometimes the test is done improperly or the sample is not preserved properly. An independent laboratory test may help your case.
If you refuse to submit to testing, no test can be given. This means that there will not be any test results to use against you in court.
If you refuse the prosecutor may tell the judge or jury of your decision to refuse the test.
This differs from the law in other states, where refusing a breath test may not be used against a defendant at trial.If you refuse the DMV will suspend your license for at least 6 months, and in some cases for 2 years.
If you refuse and are convicted of DWI, the ALS suspension (that’s the loss of license imposed by the DMV for refusing the test) will be in addition to any court-ordered loss of license.
Need an Experienced NH DWI Lawyer?
If you’re reading this, you have probably already been arrested or charged with drunk driving in New Hampshire.
If you need help with a NH DWI, DUI or OUI charge, give us a call. We are experienced NH DWI lawyers. And, in most cases, we are happy to provide a free initial consultation.
But more importantly, we will explain this complicated law to you so that you understand your case.
Just ask around – we have an established and well-deserved reputation as fighting hard for our clients in Portsmouth, Exeter, Dover, Hampton, Manchester and throughout New Hampshire. And we will work hard to get you the best possible outcome too.
Disclaimer: Please note that this blog posting and all other material on this website is for informational purposes only, and should not be construed as legal advice. If you are seeking legal advice, you should hire and consult with your own lawyer.