| If you drive in New Hampshire, whether or not | | | | Refusing the Test |
| you are licensed to drive by the state of New | | | | So what happens if you are pulled over and |
| Hampshire, you have agreed that you will willingly | | | | refuse to take the breath test? Unfortunately, |
| comply with alcohol concentration tests, whether | | | | your refusal to take an alcohol concentration test |
| the request is for breath, blood or urine testing. | | | | can be admitted into evidence and used against |
| Does this mean you cannot refuse taking the | | | | you at your trial in the state of New Hampshire. |
| alcohol concentration test? | | | | Additionally, if you are arrested and you refuse to |
| New Hampshire law states that: | | | | take the alcohol concentration test requested by |
| "Any person who drives, operates, or attempts | | | | the officer, your license will be suspended for 180 |
| to operate an OHRV, drives or attempts to drive | | | | days, even if you have no prior DWI conviction. If |
| a vehicle upon the ways of this state... shall be | | | | you have a prior conviction - or even a prior |
| deemed to have given consent to physical tests | | | | refusal without a conviction - your license will be |
| and examinations for the purpose of determining | | | | suspended for two years. Even worse, the |
| whether such person is under the influence of | | | | suspension for refusing to take the alcohol |
| intoxicating liquor or controlled drugs, and to a | | | | concentration tests is not allowed to be served |
| chemical, infrared molecular absorption, or gas | | | | concurrently (at the same time) with any other |
| chromatograph test or tests of any or all of any | | | | punishment, but instead is an additional punishment |
| combination of the following: blood, urine, or | | | | that is tacked on to whatever other suspension |
| breath, for the purpose of determining the | | | | you receive if convicted. The suspension will be |
| controlled drug content of such person's blood or | | | | upheld even if you are found not guilty at your |
| alcohol concentration if arrested for any offense | | | | trial. |
| arising out of acts alleged to have been | | | | An officer cannot force you to take a test if you |
| committed while the person was driving, | | | | refuse. However, refusing to do so will result in an |
| operating, attempting to operate, or in actual | | | | automatic loss of driving privledges in the state of |
| physical control of an OHRV, driving, attempting | | | | New Hampshire. While you will have the right to |
| to drive, or in actual physical control of a vehicle... | | | | appeal the suspension, the New Hampshire courts |
| while under the influence of intoxicating liquor or | | | | tend to support the implied consent regulation and |
| controlled drugs or while having an alcohol | | | | uphold license suspensions. |
| concentration in excess of the statutory limits." | | | | If you've been arrested for a DWI, you will want |
| Basically, if you drive in New Hampshire you have | | | | to seek the advice of an expert DWI attorney. |
| consented to comply with alcohol testing - | | | | Whether you've taken the alcohol test or not, |
| whether blood or urine. It's important to note that | | | | there are privacy rights that must not be violated. |
| this law applies to ANY driver, not just those | | | | An attorney will be able to assess your case and |
| whose license has been issued by the state of | | | | determine the appropriate course of action. |
| New Hampshire. | | | | |