Breath Alcohol Testing in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
Breath Alcohol Testing in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
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Breath Alcohol Testing in New Hampshire
New Hampshire DWI Lawyers
If you have been arrested in New Hampshire for DWI, you will most probably be charged with two separate offenses: (1) driving under the influence of alcohol (DUI) otherwise known as driving while intoxicated (DWI); and (2) the per se law of driving with 0.08% or higher blood alcohol concentration (BAC).
New Hampshire law enforcement agencies utilize a breath machine – the Intoxylizer 5000EN – to obtain a suspected drunk driver’s BAC. As for the per se offense, the only evidence of the crime is the machine, and the result it produces. If the result is .08% or higher, the State argues that the defendant is guilty of DUI. In other words, if the Defendant’s BAC is .08% or greater, he is presumed guilty – unless he/she can prove his innocence.
We help people with DWI/DUI defense in the following locations: Alstead, Amherst, Andover, Antrim, Atkinson, Auburn, Bedford, Bennington, Berlin, Boscawen, Bow, Bradford, Brentwood, Brookline, Candia, Canterbury, Cheshire, Chester, Chesterfield, Chichester, Claremont, Concord, Deerfield, Deering, Derry, Dover, Dublin, Exeter, Francestown, Franklin, Goffstown, Greenville, Hampton Beach, Hampton, Hancock, Harrisville, Hooksett, Hudson, Keene, Laconia, Lebanon, Londonderry, Manchester, Merrimack, Nashua, Pelham, Portsmouth, Rochester, Somersworth, and Windham.
Frequently Asked Questions About DWI Blood Tests in New Hampshire
What is a DWI blood test in New Hampshire?
A DWI blood test is a method used by law enforcement in New Hampshire to determine a motorist’s blood alcohol content (BAC). If you consent to a blood draw, you may be transported to the nearest hospital or a lab technician may perform the draw at the local police precinct. Your blood sample is then sent to the NH State Police Forensic Laboratory for analysis using a process called gas chromatography, which is widely considered the most accurate BAC testing method available.
What is gas chromatography and how is it used in DWI cases?
Gas chromatography is the blood testing equipment and procedure used by the NH State Police Forensic Laboratory to analyze blood samples for alcohol content. It is considered the gold standard of BAC testing. However, the process is invasive and technically complex, and the accuracy of the results depends heavily on proper equipment maintenance, laboratory procedures, and chain-of-custody protocols. Errors at any stage can call the results into question.
What errors can affect a DWI blood test result in New Hampshire?
There are several potential errors that can undermine the reliability of a blood test result in a New Hampshire DWI case. These include using expired or outdated blood testing kits, failing to use an anti-coagulant to stabilize and preserve the blood sample, improper storage or documentation of the chain-of-custody, and subpar testing procedures by the lab analyst. Any of these issues can cast doubt on the accuracy of the BAC results and significantly impact the outcome of your case.
What rules must New Hampshire follow when collecting blood samples in a DWI case?
New Hampshire DWI laws require the State to follow specific rules for blood sample collection and analysis as set forth in Chapter Saf-C 6400 Alcohol and Controlled Drugs. These rules are complex and technical. Failure by law enforcement or the laboratory to follow the prescribed regulations can result in the blood test evidence being suppressed, meaning it cannot be used against you in court.
Can a DWI blood test result be challenged in New Hampshire?
Yes. Even though blood tests are considered more accurate than breath tests, there are numerous grounds on which a skilled DWI attorney can challenge the results. An attorney familiar with gas chromatography analysis and blood alcohol testing procedures can identify procedural errors, chain-of-custody failures, improper storage, or laboratory deficiencies that may undermine the reliability of the BAC evidence and affect the outcome of your DWI charge.
Why do I need an experienced DWI lawyer if I was given a blood test in New Hampshire?
Blood alcohol testing in a NH DWI case is a complicated process ripe with potential pitfalls. A DWI conviction can result in serious consequences including fines, loss of your license, installation of an ignition interlock device, and long-term effects on your employment. It is critical that the New Hampshire DWI attorney you select has specific experience with blood alcohol testing methods and the litigation of charges involving blood test evidence. Tenn And Tenn, P.A. has the knowledge and skills to give your case the attention it deserves.
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Areas We Serve in New Hampshire
The Breath Alcohol Testing Intoxylizer 500EN
Intoxylizer 5000EN – from manufacturer’s website. The Intoxylizer 5000EN is a machine which is designed to obtain a sample of the subject’s breath. The machine uses infrared spectroscopy to evaluate the breath and molecules in it, potentially identifying the presence of alcohol in the breath. The computer program inside the Intoxylizer then multiplies the amount of alcohol in a DUI subject’s breath sample 2100 times to get the corresponding blood alcohol concentration (BAC). This calculation is performed based on the assumption that every person has 2100 units of alcohol in his/her blood for every unit of alcohol in his/her breath. This is called the “partition ratio”. Unfortunately, this ratio is only an average. Actual partition ratios vary from as low as 900:1 to as high as 3500:1. And, if an individual’s partition ratio was different than the assumed 2100:1 partition ratio set by the Intoxylizer, the BAC result will be different. In New Hampshire, the Intoxylizer 5000EN is the only post-arrest breath testing device approved to obtain a sample of the defendant’s breath. The Intoxylizer 5000EN captures a second breath sample in a test tube which is provided to you. That “second sample” may then be evaluated by an independent laboratory, of your own choosing and at your own expense. Independently testing the “second sample” is critically important and a valuable tool in assessing the accuracy of the reported value of the Intoxylizer 5000EN. The machine is measuring breath and using inferential science to correlate that to your blood alcohol concentration.
An experienced DWI lawyer knows the machine, its operation protocols and how to best represent you in this situation. There are other factors that may also affect your BAC reading, such as gender, body composition, or being a diabetic. Having a knowledgeable attorney on your side can make all the difference!
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