New Hampshire Revised Statutes 265-A:8 – Prerequisites to Tests
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I. Before any test of a person‘s blood, urine, or breath specified in N.H. Rev. Stat. § 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall:
(a) Inform the arrested person of his or her right to have an additional test or tests of his or her blood made by a person of his or her own choosing;
(b) Afford the arrested person an opportunity to request such additional test; and
(c) Inform the arrested person of the consequences of his or her refusal to permit a test at the direction of the law enforcement officer.
II. Before any post-arrest physical test specified in N.H. Rev. Stat. § 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall inform the defendant of the consequences of the defendant’s refusal to comply with the law enforcement officer’s, authorized agent’s, or peace officer’s instructions for a post-arrest physical test.
III. If the law enforcement officer, authorized agent, or peace officer fails to comply with the provisions of this section, the test shall be inadmissible as evidence in any proceeding before any administrative officer and court of this state.
(a) Inform the arrested person of his or her right to have an additional test or tests of his or her blood made by a person of his or her own choosing;
Terms Used In New Hampshire Revised Statutes 265-A:8
- 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.
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106
(b) Afford the arrested person an opportunity to request such additional test; and
(c) Inform the arrested person of the consequences of his or her refusal to permit a test at the direction of the law enforcement officer.
II. Before any post-arrest physical test specified in N.H. Rev. Stat. § 265-A:4 is given, the law enforcement officer, authorized agent, or peace officer shall inform the defendant of the consequences of the defendant’s refusal to comply with the law enforcement officer’s, authorized agent’s, or peace officer’s instructions for a post-arrest physical test.
III. If the law enforcement officer, authorized agent, or peace officer fails to comply with the provisions of this section, the test shall be inadmissible as evidence in any proceeding before any administrative officer and court of this state.