I. Upon complaint, information, indictment, or trial of any person charged with the violation of N.H. Rev. Stat. § 265-A:2, the court may admit evidence of physical testing of the defendant for being 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 as provided in N.H. Rev. Stat. § 265-A:4, and of 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 the defendant’s blood and the defendant’s alcohol concentration, as shown by a test of his or her breath, blood, or urine as provided in N.H. Rev. Stat. § 265-A:4. Evidence that there was, at the time alleged, an alcohol concentration of 0.03 or less is prima facie evidence that the defendant was not under the influence of intoxicating liquor. Evidence that there was, at the time alleged, an alcohol concentration of more than 0.03 and less than 0.08 is relevant evidence but is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. Evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. In addition, evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more shall, in conjunction with the evidence otherwise required by N.H. Rev. Stat. § 265-A:2, I(b) of driving or attempting to drive a vehicle upon a way, constitute a separate offense under N.H. Rev. Stat. § 265-A:2, I(b); and evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more shall, in conjunction with the evidence otherwise required by N.H. Rev. Stat. § 265-A:3, II of driving or attempting to drive a vehicle upon a way and of one or more of the circumstances specified in N.H. Rev. Stat. § 265-A:3, II(a), (b), (c), and (d) constitute a separate offense under N.H. Rev. Stat. § 265-A:3, II; and evidence that there was, at the time alleged, an alcohol concentration of 0.16 or more shall, in conjunction with the evidence otherwise required by N.H. Rev. Stat. § 265-A:3, III of driving or attempting to drive a vehicle upon a way, constitute a separate offense under N.H. Rev. Stat. § 265-A:3, III.
II. Upon complaint, information, indictment, or trial of any person charged with a violation of the provisions of N.H. Rev. Stat. § 265-A:2, II relative to the operation of boats by a person under the influence of intoxicating liquor or a controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person’s ability to drive the court may admit evidence of the defendant’s alcohol concentration at the time alleged, as shown by a chemical, infrared molecular absorption, or liquid or gas chromatograph test or tests of his or her breath, urine, or blood. Evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more, is prima facie evidence that the defendant was under the influence of intoxicating liquor. Evidence that the defendant had, at the time alleged, an alcohol concentration of more than 0.03 and less than 0.08 is relevant evidence and may be considered with other competent evidence in determining whether or not the defendant was under the influence of intoxicating liquor. Evidence that the defendant had, at the time alleged, an alcohol concentration of 0.03 or less is prima facie evidence that the defendant was not under the influence of intoxicating liquor.
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Terms Used In New Hampshire Revised Statutes 265-A:11

  • Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
  • Alcohol concentration: shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath. See New Hampshire Revised Statutes 259:3-b
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vehicle: shall mean :
    I. See New Hampshire Revised Statutes 259:122
  • Way: shall mean :
    I. See New Hampshire Revised Statutes 259:125