New Hampshire drivers give “implied consent” to a chemical test for alcohol in exchange for receiving a New Hampshire driver’s license. The chemical test is given if the driver is pulled over on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI).
Usually, a preliminary breath test is the first chemical test offered. If the driver refuses a breath test, they must submit to a blood or urine test or risk an administrative license suspension, leaving them unable to drive in New Hampshire.
New Hampshire law provides specific rules for testing blood or urine, as well as specific rules for ensuring accurate equipment in measuring a person’s blood alcohol level. Some of these rules include:
- Gas chromatography must be used to test all samples.
- The lab must calibrate the gas chromatograph each day to ensure its readouts are accurate.
- Each day, the lab must use standard samples to ensure the gas chromatograph is still reading correctly. The standards should be checked at the beginning and end of the day and after every tenth sample tested.
- Any tests of the standards which are “off” must be reported.
A gas chromatograph that is not working correctly will give inaccurate test results. This may result in your blood or urine testing much higher for alcohol than it should, leaving you at risk for a New Hampshire drunk driving charge and the stiff penalties that come with conviction.
The skilled New Hampshire drunk driving defense lawyers at Tenn And Tenn, P.A. have experience handling chemical test data in court, and they will fight aggressively to ensure the best possible outcome in your case. If you are facing a DUI or DWI charge in New Hampshire, please don’t hesitate to contact Tenn And Tenn, P.A. today at (603) 614-5055 for a free and confidential case evaluation.