New Hampshire Revised Statutes 265-A:25 – Implied Consent Requirements for Commercial Motor Vehicle Drivers
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I. Any person who drives a commercial motor vehicle upon the ways of New Hampshire shall be deemed to have given consent, subject to the provisions of N.H. Rev. Stat. § 265-A:4, to a test or tests of any or all or any combination of the following: blood, breath, or urine, for the purpose of determining that person’s alcohol concentration, or the presence of other drugs.
II. A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that the driver was driving a commercial motor vehicle while having alcohol in his system.
III. (a) Upon the first refusal of any person to submit to a test or tests as administered by a law enforcement officer for the purposes of determining the person’s alcohol concentration or the presence of other drugs, the director shall revoke his or her commercial license for a period of not less than one year.
(b) If the person has a prior refusal under subparagraph III(a) then, upon the second or subsequent refusal of such person to submit to a test or tests as administered by a law enforcement officer for the purposes of determining the person’s alcohol concentration or the presence of other drugs, the director shall revoke his or her commercial license for life, with an opportunity for a review after 10 years, as provided in N.H. Rev. Stat. § 263:94, IV.
IV. If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to paragraph I and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.
V. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph IV, the department shall immediately disqualify the driver from driving a commercial motor vehicle under N.H. Rev. Stat. § 265-A:23.
VI. The driver shall have the opportunity for a hearing and appeal as provided in N.H. Rev. Stat. § 265-A:31 and N.H. Rev. Stat. § 265-A:34.
II. A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that the driver was driving a commercial motor vehicle while having alcohol in his system.
Terms Used In New Hampshire Revised Statutes 265-A:25
- Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
- Alcohol concentration: shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath. See New Hampshire Revised Statutes 259:3-b
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commercial motor vehicle: shall mean a motor vehicle or a combination of motor vehicles, used in commerce, to transport passengers or property if:
(a) The vehicle has a gross vehicle weight rating of 26,001 pounds or more;
(b) The vehicle has a gross combination weight rating or actual weight of 26,001 or more pounds, inclusive of any towed unit with gross vehicle weight rating or actual weight of more than 10,000 pounds;
(c) The vehicle is designed or used to transport 16 or more passengers, including the driver; or
(d) The vehicle is of any size and is used in the transportation of hazardous materials required to be placarded under 49 C. See New Hampshire Revised Statutes 259:12-e - Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
- Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. See New Hampshire Revised Statutes 259:48 - Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
III. (a) Upon the first refusal of any person to submit to a test or tests as administered by a law enforcement officer for the purposes of determining the person’s alcohol concentration or the presence of other drugs, the director shall revoke his or her commercial license for a period of not less than one year.
(b) If the person has a prior refusal under subparagraph III(a) then, upon the second or subsequent refusal of such person to submit to a test or tests as administered by a law enforcement officer for the purposes of determining the person’s alcohol concentration or the presence of other drugs, the director shall revoke his or her commercial license for life, with an opportunity for a review after 10 years, as provided in N.H. Rev. Stat. § 263:94, IV.
IV. If the person refuses testing, or submits to a test which discloses an alcohol concentration of 0.04 or more, the law enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to paragraph I and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of 0.04 or more.
V. Upon receipt of the sworn report of a law enforcement officer submitted under paragraph IV, the department shall immediately disqualify the driver from driving a commercial motor vehicle under N.H. Rev. Stat. § 265-A:23.
VI. The driver shall have the opportunity for a hearing and appeal as provided in N.H. Rev. Stat. § 265-A:31 and N.H. Rev. Stat. § 265-A:34.