Bye Bye DWI by New Hampshire DWI Defense Lawyer Mark Stevens 603-893-0074

New Hampshire DWI Laws on Breath Alcohol & Blood Alcohol Testing in DWI Cases By New Hampshire DWI Lawyer Mark Stevens 1-603-893-0074.  If you have been arrested in New Hampshire and charged with DWI or aggravated DWI, and you submitted to a breath test or blood test, you need to be aware of the New Hampshire DWI laws on breath alcohol testing and blood alcohol testing.  New Hampshire DWI statute that governs the official record of breath tests and blood tests.  This law has some time sensitive notice and demand aspects to it.  Feel free to call me today if you have questions about your New Hampshire DWI case.

Chapter 265-A: Alcohol or Drug Impairment
Driving or Operating Under the Influence of Drugs or Liquor
RSA 265-A:12 (2012)

265-A:12 Official Record of Tests.

I. Any person who is arraigned on a charge arising under RSA 265-A:4 shall file notice in said court, within 30 days immediately following the receipt by the person of the results of any alcohol concentration test administered to such person, requiring the attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist at the trial. The official report of the test issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence of the conduct and result of said test.

II. A copy of the preventive maintenance check form filled out by the forensic breath testing supervisor who performed the last preventive maintenance check on the breath testing machine in question prior to the time of the test at issue shall be admissible evidence of the performance and successful completion of such check. Such check shall have been performed according to the schedule required in the rules adopted by the commissioner of the department of safety.

III. The successful completion of the external standard reference check shall be admissible evidence that the instrument was properly calibrated at the time of the test. The external standard reference check shall be performed according to the schedule required in rules adopted by the commissioner of the department of safety pursuant to RSA 541-A.

IV. A copy of the appropriate form filled out and signed by the person who took the sample for the alcohol concentration test in question shall be admissible evidence that the sample was taken by such person at the stated time on the stated date according to the procedures prescribed in the rules adopted by the commissioner of the department of safety pursuant to RSA 265-A:5, V.

V. Any person who is arraigned on a charge arising under RSA 265-A:2, RSA 265-A:3 or RSA 265-A: 43 shall file, within 10 days of such person's receipt of the results of any toxicology test administered to such person for the presence of any controlled drug, a notice in said court requiring the attendance of the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the certifying scientist at trial. The official report of the test issued pursuant to RSA 265-A:4, shall be deemed conclusive evidence of the conduct of the result of such test.


New Hampshire DWI Laws on Breath Alcohol &

Blood Alcohol Testing in DWI Cases

By New Hampshire DWI Lawyer Mark Stevens 1-603-893-0074

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