If you drive in New Hampshire, or has no driver's license by the state of New Hampshire, which has to be fully in line with alcohol testing, if the application is breathing blood or urine. This means you can not refuse the alcohol concentration test?
New Hampshire law that:
"Any person who drives, operates or attempts to operate an OHRV, drives or attempts to drive a vehicle on the highways of this state … Be deemed to have consented to the physical tests and exams to determine if that person is under the influence of alcohol or controlled drugs, and a chemical, infrared molecular absorption or proof or evidence of gas chromatography of all or any combination of the following: blood, urine or breath to determine the level of controlled drug or that person's alcohol concentration in the blood if arrested for any crime arising out acts allegedly committed while the person was driving, working, trying operating or in actual physical control of an OHRV, driving, trying to drive, or in physical control of a real car … under the influence of alcohol or controlled drugs or while an alcohol concentration above legal limits. "
Basically, if you drive in New Hampshire has given its consent to comply with alcohol test – blood or urine. It is important to note that this law applies to any driver, not just those whose license was issued by the State of New Hampshire.
Refusing Test
So what happens if you stand and refuse to do the breath test? Unfortunately, his refusal to perform an alcohol concentration test can be admitted as evidence and used against him at his trial, the state of New Hampshire.
Also, if you're stuck and refuses to be tested for blood alcohol were asked by the administrator, the license will be suspended for 180 days, even if you have no previous conviction DWI. If you have a previous conviction – or even without a prior conviction for refusal – the license will be suspended for two years. Worse, the suspension for refusing to be tested alcohol concentration is not allowed to serve at the same time (same time) with any other punishment, but is an additional punishment that is included in any suspension receive another if found guilty. The suspension will remain even if you are found guilty at trial.
An officer can not force you to do a test if you refuse. No however, refuses to do so will result in an automatic loss of driving privledges in the state of New Hampshire. While the right to appeal the suspension, New Hampshire courts tend to support the regulation of consent implied license suspension and defend.
If you have been arrested for a DWI, You may want to consult a lawyer specializing in DWI. If you tested for alcohol or not, no right to privacy should not be violated. An attorney will be able to evaluate your case and determine the appropriate course of action.
NH DWI Attorney Ryan Russman is a tireless defender of individuals arrested for DWI or drunk driving in New Hampshire. Contact Russman Law Offices for a free consultation.
Not Guilty by DWI Defense Lawyer Mark Stevens