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What Happens When You Refuse a DUI Blood Test in New Hampshire?

  • By: MMM
  • Published: August 11, 2022

Man in his car refusing a breathalyzer test from the cops.If you’ve just been pulled over for suspicion of drunk driving and the police officer asks you to take a breath test or another type of DUI test, what do you do? In some states, you might feel like there are no good options. You could always opt to refuse the test. Then what happens?

The state of New Hampshire has implied consent laws when it comes to alcohol and drug testing, but this also means that refusal can have serious consequences when it comes to your future as a driver in the state. There are some downsides to refusing the test that you should know. 

Implied Consent

New Hampshire law requires drivers to submit to chemical testing upon arrest for DUI. If you are pulled over and suspected of being impaired, it is important to know what happens next. You can either refuse the test or choose to take it. Just remember that implied consent occurs during arrest, not before it. If you are not arrested, you may still have an option to refuse a roadside test. It’s best to consult with your attorney for guidance on what to do at each step of the process.

Consequences of Refusal

The consequences of refusing a lawful request to submit to a chemical test are severe. First, there is a 180-day license suspension. Second, your refusal can serve as evidence of guilt in your court case. You may also face fines and jail time if convicted of DWI.

Should I Take a Roadside Breathalyzer Test?

If you agree to a breathalyzer test, two things can happen: First, the officer may use the results against you in court, and second, if the test discloses that your alcohol concentration level exceeds.08, the DMV will immediately revoke your driver’s license.

If you decide to refuse the test, however, the same thing happens. In addition, the police cannot use the refusal as evidence against you in court. Instead, it must be introduced at trial as proof that you refused to give consent to the test. But what about the suspension of your license? Will the DMV automatically suspend your license for six months if you refuse? This is where the next steps become less clear.

In New Hampshire, the state is able to introduce at trial your refusal to take the test. You’ll lose your license for refusing to take a chemical test if arrested, and you’d lose your license if convicted of a DWI. In either case, you risk losing your license. This is why it’s important to hire a skilled New Hampshire DWI attorney to defend and represent you through your court case to try to fight the conviction. 

Are Breathalyzers Reliable?

There are numerous problems with breathalyzer devices, including a margin of error, a lack of certification among operators, and improper calibration. This could lead to inaccurate readings. Police officers aren’t always trained well enough to correctly perform the tests.

A skilled DWI lawyer can help clients understand these risks and develop strategies to mitigate them. He can also identify weaknesses in the prosecution’s case, such as inconsistencies in the testimony of witnesses or evidence seized from the vehicle. These tactics can help a client avoid conviction or reduce the penalty imposed.

Call a New Hampshire DWI Attorney Today

A DWI conviction is serious. It can affect your future employment opportunities, insurance rates, and even your ability to get student loans. A skilled DWI lawyer can provide advice on how to protect yourself and your rights.

If you’re facing charges of driving under the influence, it’s critical to contact a skilled New Hampshire DWI attorney who has experience defending cases like yours. We will review your case and provide you with free advice about what to do next. If you refuse to take the BAC test, we will help you challenge the evidence against you. In addition, we will make sure that you receive a fair trial. The stakes are high, so don’t delay. Call Shepherd & Hayes at (603) 233-1626 or by using our online contact form.

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