New Hampshire Revised Statutes 214:20-e – Refusal of Consent
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If a person under arrest for a violation of N.H. Rev. Stat. § 214:20 refuses upon the request of a law enforcement officer to submit to a physical and/or chemical test designated by the law enforcement officer as provided in N.H. Rev. Stat. § 214:20-d, none shall be given, but the executive director shall revoke the person’s hunting license for a period of 5 years from the date of the alleged violation. Any such revocation of a license shall be imposed in addition to any penalties provided by law, subject to review as hereinafter provided, and shall be imposed only upon the receipt by the executive director of a sworn report of the law enforcement officer containing the following:
I. That the law enforcement officer had reasonable grounds to believe the arrested person had been target practicing, hunting, taking or attempting to take wildlife while under the influence of intoxicating liquor, controlled drugs or a combination thereof.
II. The facts upon which the reasonable grounds to believe such are based.
III. That the person had been arrested.
IV. That the person had refused to submit to the test upon the request of the law enforcement officer.
V. That the law enforcement officer informed the arrested person of the person’s right to have a similar test or tests conducted by a person of the arrested person’s own choosing.
VI. That the law enforcement officer informed the arrested person of the fact that refusal to permit the test or tests will result in license revocation.
I. That the law enforcement officer had reasonable grounds to believe the arrested person had been target practicing, hunting, taking or attempting to take wildlife while under the influence of intoxicating liquor, controlled drugs or a combination thereof.
Terms Used In New Hampshire Revised Statutes 214:20-e
- Arrest: Taking physical custody of a person by lawful authority.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
II. The facts upon which the reasonable grounds to believe such are based.
III. That the person had been arrested.
IV. That the person had refused to submit to the test upon the request of the law enforcement officer.
V. That the law enforcement officer informed the arrested person of the person’s right to have a similar test or tests conducted by a person of the arrested person’s own choosing.
VI. That the law enforcement officer informed the arrested person of the fact that refusal to permit the test or tests will result in license revocation.