In New Hampshire, if you’re pulled over on suspicion of driving under the influence, you may be asked to take a breathalyzer test. Many drivers wonder if they have the right to refuse this test and what the consequences might be if they do. Understanding your rights and the laws in New Hampshire is important if you ever find yourself in this situation. This page will explain what happens if you refuse a breathalyzer test, the possible penalties, and whether refusing is the best option for you. At, Tenn And Tenn, PA , we are here to guide you through the legal process and help you navigate the complexities of your case.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
What Is a Breathalyzer Test?
A breathalyzer test measures the amount of alcohol in your breath, which helps the police determine whether you’re driving under the influence. In New Hampshire, like most states, the legal limit for blood alcohol concentration (BAC) is 0.08%. If your BAC is over this limit, you could be charged with driving while intoxicated (DWI). When an officer suspects that you’ve been drinking, they may ask you to take a breathalyzer test to get an estimate of your BAC.
The breathalyzer test is a common tool for law enforcement to use during traffic stops. It’s quick and can give an officer a good idea of how much alcohol is in your system. However, the results of a breathalyzer are not always perfect and can sometimes be challenged in court.
Implied Consent Law in New Hampshire
In New Hampshire, drivers agree to certain conditions when they receive their driver’s license. One of those conditions is the implied consent law. This law means that by driving on New Hampshire roads, you are giving your consent to take a breathalyzer or other chemical tests if an officer has reason to believe you’re driving under the influence. In other words, simply by having a license and driving, you have already agreed to take a breath test if asked.
Many drivers are surprised to learn that they’ve already consented to a breathalyzer test just by driving. However, this doesn’t mean that you must take the test when asked. You can still refuse, but there will be penalties for doing so.
What Happens If You Refuse the Breathalyzer?
If you refuse to take the breathalyzer test in New Hampshire, the first consequence is the automatic suspension of your driver’s license. The length of the suspension depends on whether it’s your first time refusing or if you have previous DWI charges. For a first-time refusal, your license will be suspended for 180 days. If you have refused before, or if you have a previous DWI conviction, the suspension can be longer, up to two years.
Refusing the breathalyzer does not mean you won’t be charged with a DWI. In fact, you can still be arrested and charged with DWI even if you refuse the test. The officer can use other evidence, such as your driving behavior, how you look or act, or other field sobriety tests, to build a case against you.
In some cases, refusing the breathalyzer test might make it harder for the state to prove you were driving under the influence. However, the penalties for refusal can be just as serious as those for failing the test.
Is It a Good Idea to Refuse the Test?
Deciding whether to refuse a breathalyzer test can be difficult. On one hand, taking the test could result in evidence that the police could use against you in court. On the other hand, refusing the test leads to an automatic license suspension and other penalties.
Some drivers refuse the test because they believe it will help them avoid a DWI charge. However, this is not always the case. In New Hampshire, refusing the breathalyzer can be used as evidence that you were aware of your intoxicated state. The prosecution may argue that your refusal was an attempt to hide how much you had been drinking.
If you refuse the breathalyzer, you should be prepared to lose your driving privileges for a period of time. For many people, losing the ability to drive can be a major inconvenience and can impact their job, family, and daily life.
Penalties for Refusing a Breathalyzer Test
In addition to the suspension of your license, refusing a breathalyzer test in New Hampshire can lead to other penalties. You could face fines, and the refusal might be used against you in court. If you’re convicted of a DWI, the penalties could be more severe than if you had taken the breathalyzer test.
If you refuse the breathalyzer and are convicted of a DWI, you could face time in jail, more fines, and a longer license suspension. The exact penalties depend on the details of your case, such as whether this is your first offense or if you have previous DWI convictions.
It’s important to remember that every case is different, and the penalties you face will depend on many factors. Understanding the possible outcomes can help you make an informed decision if you’re ever asked to take a breathalyzer.
Can You Challenge a Refusal in Court?
Even if you refuse a breathalyzer test, there are ways to challenge the penalties in court. A legal guide can help you fight the automatic license suspension or challenge the DWI charge. For example, your guide might argue that the police did not have a valid reason to ask for the breathalyzer in the first place, or that they didn’t properly inform you of the consequences of refusing.
Challenging a refusal or a DWI charge can be a complicated process. The outcome will depend on the details of your case, including how the traffic stop was handled and whether the police followed all proper procedures. A guide with experience in New Hampshire’s DWI laws can help you navigate the legal system and explore your options.
What to Do If You’re Asked to Take a Breathalyzer Test
If you’re pulled over and asked to take a breathalyzer test, it’s important to stay calm and remember your rights. You do have the option to refuse the test, but it’s important to understand the consequences. Whether or not you refuse, you may still be arrested and charged with a DWI, so it’s important to know what comes next.
It can be helpful to contact a guide who is familiar with New Hampshire’s DWI laws as soon as possible after a traffic stop. A guide can help you understand the charges against you and advise you on the best course of action. Whether you decide to fight the charges or accept a plea deal, having legal guidance can make a big difference in the outcome of your case.
The Role of a Guide in DWI Cases
If you are charged with a DWI in New Hampshire, having a guide by your side can make the legal process easier to understand and navigate. A guide will know the ins and outs of DWI laws in New Hampshire and can help you explore all your options. They can review the details of your case, including how the traffic stop and breathalyzer test were handled, and can help you decide whether to challenge the charges or negotiate a plea deal.
Your guide will also be there to explain the possible penalties you face and how to minimize the impact on your life. A DWI conviction can result in fines, a license suspension, and even jail time, so it’s important to take the charges seriously and seek legal help as soon as possible.
In New Hampshire, refusing a breathalyzer test comes with serious consequences, including the suspension of your driver’s license. While you have the right to refuse, it’s important to understand that refusal doesn’t mean you’re off the hook. You can still be charged with a DWI, and the penalties for refusal can be just as severe as those for failing the test.
If you’re facing a DWI charge or have refused a breathalyzer test, seeking legal help is your best option. Tenn And Tenn, PA has experience in handling DWI cases and can guide you through the process, helping you protect your rights and explore all available options. To discuss your case and learn more about your legal rights, contact Tenn And Tenn, PA today.