Close X

Q. If I’m stopped for DWI in NH, am I required to submit to alcohol concentration testing?

Posted by Richard E. Clark | Mar 17, 2014 | 0 Comments

A. NH has codified the implied consent to alcohol testing of the driver. It doesn't mean you're always better off to do the testing depending on the outcome. In detail the NH Statute indicates “265-A:4 Implied Consent of Driver or Operator to Submit to Testing to Determine Alcohol Concentration. – Any person who drives, operates, or attempts to operate an OHRV, drives or attempts to drive a vehicle upon the ways of this state, or operates or attempts to operate a boat upon the public waters of the state shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive and to a chemical, infrared molecular absorption, or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath, for the purpose of determining the controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive content of such person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was driving, operating, attempting to operate, or in actual physical control of an OHRV, driving, attempting to drive, or in actual physical control of a vehicle, or operating, attempting to operate, or in actual physical control of a boat while under the influence of intoxicating liquor or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive or while having an alcohol concentration in excess of the statutory limits contained in RSA 265-A:2 or RSA 265-A:3...”

The Law Office of Richard E. Clark, LLC zealously represents DWI, DUI and OUI charges in NH and MA. Attorney Clark received specialized DWI training at Harvard Law School and was certified in Criminal Defense by the Commonwealth of MA. Offices are located in PortsmouthNH, Dover NH, and Newburyport, MA, For more information on MA and NH DWI, DUI, and OUI law, please go to www.NHseacoastLawyers.com.

Attorney Clark can be contacted at (603) 431-0009 for a free DWI consultation.

About the Author

Richard E. Clark

Attorney in Portsmouth, Dover, NH and Newburyport, MA Attorney Richard E. Clark is one of the seacoast's most successful attorneys. He has effectively litigated injury cases and civil suits achieving multi-million dollar results. Richard is friendly, detailed and has no reservations arguing in Court, when it's in the spirit of justice. Attorney Clark is a NH seacoast native. After his father retired from the U.S. Army, they returned to their ancestral Rye Beach property. His grandmother of the Sawyer/Jenness family settled Rye Beach, NH and Haverhill, MA. Prior to practicing law, Richard owned several contracting companies for almost two decades. After graduating from Portsmouth High School in 1991, he persevered through a ten-year educational pursuit to complete his law degree, NH and MA licensure, while managing his businesses. Richard's reputation is known in the seacoast area as friendly, driven, aggressive and detail-oriented. Richard has always possessed a passion for work. He is continually strategizing about how to best resolve his client's dilemmas while achieving the best outcome. Attorney Clark was a private criminal contract defense attorney appointed to the Newburyport District Court from 2007-2011. He achieved the Commonwealth of Massachusetts certification in 2008. Attorney Clark is a member of the National College for DUI Defense, New Hampshire Association of Justice, Essex County Bar Advocates Criminal Defense, Rockingham County Bar Association, and the New Hampshire Bar Association. Mr. Clark is a graduate of the Massachusetts School of Law (2002) and Franklin Pierce College (1998). He is admitted to practice law throughout New Hampshire and Massachusetts, the United States District Court of NH, and the United States Court of Appeals for the Armed Forces.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.