In New Hampshire, when police officers conduct a traffic stop, their training equips them to keenly observe various key indicators that may indicate a driver is impaired by alcohol or drugs. These indicators include physical symptoms and behavioral cues that can paint a clearer picture of a driver’s state. If officers identify any warning signs or have reasonable grounds to suspect impairment, they typically request that the driver undergo a series of sobriety tests. These tests are categorized into two main groups: field sobriety tests and chemical tests, which involve breathalyzers or blood tests to measure blood alcohol content (BAC) or detect drugs in the system. The outcomes of both types of tests are critical in legal cases, providing evidence to support charges of driving under the influence. As a result, many people may feel reluctant to agree to these tests. To better understand breathalyzer tests and whether you should submit to one, contact Naro Law by calling us at (603) 212-9480.
What Is a Breathalyzer Test?
A breathalyzer is a device that measures the alcohol level in a person’s breath. It works on the principle that alcohol enters the bloodstream and is expelled from the lungs during exhalation.
During a breathalyzer test, the individual blows steadily into the device for several seconds, which allows it to collect and analyze a breath sample for alcohol levels. Law enforcement often requests this test during traffic stops if they suspect a driver is under the influence. The results estimate the individual’s BAC, presented as a percentage. For example, a BAC of 0.08% is typically the legal driving limit in many areas. Drivers at or above this threshold are considered impaired and may face legal consequences, such as fines, license suspension, or even arrest.
What Factors To Consider Before Refusing or Consenting to a Breathalyzer
New Hampshire enforces an “implied consent” law for driving under the influence. This law means that by obtaining a driver’s license and opting to drive in the state, an individual automatically agrees to chemical testing for alcohol or drugs. If law enforcement suspects impairment, they may administer breath, blood, or urine tests. Refusing these tests can result in severe penalties, such as the automatic suspension of a person’s driver’s license.
The Consequences of Refusing a Breath Test
According to the New Hampshire Division of Motor Vehicles, refusing a breath test after being stopped for suspected driving under the influence has serious consequences. For a first offense, individuals may face an automatic six-month suspension of their driving privileges, regardless of a DUI conviction. If they refuse to test a second time, the penalty escalates to a two-year license suspension. These administrative penalties are distinct from any legal actions related to the DUI charge.
Prosecutors can also use a refusal as evidence of “consciousness of guilt,” arguing it indicates the individual was aware of their impairment and wanted to hide their intoxication level. Consequently, judges may consider this refusal when assessing liability or guilt in DUI cases, potentially resulting in stricter penalties upon conviction.
The Consequences of Agreeing to a Breath Test
Agreeing to take a breath test can also greatly impact a person’s legal circumstances. If someone fails the test, they may face license suspension and jail time, though the extent of these penalties will depend on the test results. Additionally, individuals with a previous DUI conviction face harsher penalties for refusing a breathalyzer test. This heightened severity is a strong deterrent against test refusal, potentially encouraging individuals to participate in the assessment to evade harsher consequences.
As a result, agreeing to or declining a breathalyzer test can result in significant legal repercussions. Therefore, it is critical that individuals fully grasp these implications before making a decision about taking these tests. For more information on breathalyzer tests and their potential effects on a criminal case, reach out to Naro Law and consult with one of our knowledgeable New Hampshire criminal defense attorneys.
Other Reasons Individuals May Fail a Breathalyzer Test
Portable breathalyzers may sometimes produce false positives, leading to situations where a driver appears to fail the test despite being unaffected. This can happen for the following reasons:
Testing Shortly After Drinking
If someone takes a breathalyzer test right after drinking alcohol, residual alcohol vapor may linger in the mouth and throat, possibly resulting in an inaccurately elevated BAC reading. To reduce this risk, law enforcement officers are instructed to wait a certain amount of time before conducting the test after the final drink. This delay allows any leftover alcohol to evaporate, leading to a more precise measurement.
Improper Calibration
Breathalyzers need consistent calibration to ensure accurate results. If law enforcement officers fail to calibrate the device according to the manufacturer’s guidelines or do so infrequently, the readings may be distorted. Inaccurate calibration may result from negligence, inadequate record-keeping, or reliance on outdated equipment, which can greatly affect test reliability.
Existing Medical Conditions
People with particular gastrointestinal issues, such as heartburn, gastroesophageal reflux disease (GERD), or esophageal varices, may unintentionally release alcohol-like substances in their breath. For example, GERD can cause undigested food in the stomach to ferment, potentially producing alcohol as a byproduct. Furthermore, some medications—including those with alcohol, such as certain cough syrups—can also emit alcohol vapor into the breath, influencing test outcomes.
Recognizing these factors enables individuals to grasp the potential for misleading breathalyzer results, which could affect their decision to take a test. Additionally, it underscores the necessity of law enforcement adhering to established testing protocols to ensure fairness and accuracy in evaluating alcohol consumption levels.
Contact Naro Law To Speak with Our Legal Team
When stopped by law enforcement, choosing whether to agree to a breathalyzer or blood test can be complicated. To find out if you should consent to a breathalyzer test or to explore legal options if facing a DUI, contact Naro Law today at (603) 212-9480. Our experienced New Hampshire criminal defense attorneys may be able to review your case, answer your questions, and assist you in understanding your legal options.
