Police Evidence in New Hampshire

Field Sobriety Test, PBT, Blood & Breath Tests

Evidence that is gathered and would be presented in a drunk driving case in a New Hampshire court generally falls into five categories. The first of these consists of driving symptoms – or observed driving patterns. Unless an accident is involved, this is usually what first attracts the police officer's attention and, typically, may involve weaving, lane straddling, or erratic driving. There are, in fact, approximately 20 different driving clues recognized by the National Highway Traffic Safety Administration which can be possible indicators of impairment.

The second type of evidence involves personal behavior and appearance. These evidence examples are observed once the vehicle is pulled over. This may include an odor of alcohol on the breath, bloodshot eyes, thick and/or slurred speech, flushed face, unsteady gait, difficulty following directions, etc. Some of these -- odor of alcohol, bloodshot eyes and slurred speech -- are encountered so often that some officers, trained to expect them, will include them in their arrest reports even if they are not actually present.

The third type of DWI/DUI evidence consists of the field sobriety tests. These may include walk-and-turn, touch-the-nose, one-leg-stand, modified position of attention (also called the Rhomberg test), alphabet recitation, and horizontal gaze nystagmus test, among others. Three of these (walk-and-turn, one-leg-stand, and nystagmus – often referred to as “dancing eyes,” (as it is an involuntary movement of the eye and may be a result of drinking or drugs) have become the "standardized" battery of these tests. In New Hampshire, however, officers continue to administer whichever tests they choose. Contrary to popular belief, the tests are not compulsory and you may refuse to take them.

Many police agencies also are using a roadside breath-testing device (Breathalyzer) as an additional field sobriety test. Called the Preliminary Breath Test or "PBT" units, these hand held devices are supposed to give an indication of your blood-alcohol concentration. These PBTs are relatively unsophisticated and often unreliable. PBTs are supposed to be used only to aid the officer in making a decision after he has given the other field sobriety tests. Unfortunately, however, many judges are permitting the results into evidence at trial.