New Hampshire Implied Consent Law
Many New Hampshire drivers are unaware of the Implied Consent law, which states that any license holder operating a vehicle must automatically agree with the officer’s request to submit to a breathalyzer, blood, or urine test if the officer has probable cause to believe that the driver is under the influence of alcohol and/or drugs. In fact, just having a driver’s license means that you have already given your consent to these tests.
Refusing to take the breathalyzer test when arrested for driving while intoxicated (DWI) carries serious penalties, including an automatic administrative license suspension. For a first Implied Consent violation, your license can be suspended for 180 days, while the suspension period for a second offense is increased to two years. Please note that your license will be suspended even before you are convicted in criminal court.
When you refuse to take a breathalyzer test, the officer will immediately confiscate your license and provide you with a pink form that serves as a temporary driving permit, notifies you of your pending suspension, and explains the procedures associated with your suspension. Your driving privileges will then be suspended 30 days after the date of your arrest, unless you request a hearing with the Department of Safety during this time period.
The process for appealing your license suspension can be difficult; therefore, hiring an experienced DWI lawyer is recommended. Your lawyer can help you fill out the proper paperwork for your request and represent you during the hearing. If your license suspension hearing is unsuccessful, he or she can then help you appeal their decision.
Fighting a New Hampshire Implied Consent law violation is possible. When you are arrested for drunk driving, the officer must explain this law and the consequences you may face for refusing to submit to a chemical test. The officer’s failure to provide you with the Implied Consent warning could be used as evidence on your behalf.