New Hampshire Revised Statutes 265-A:7 – Additional Tests
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I. Any person to whom N.H. Rev. Stat. § 265-A:4 is applicable shall have the right at his or her own expense to have additional tests made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner of the department of safety under N.H. Rev. Stat. § 265-A:5, and shall be so informed by the law enforcement officer at the same time as the person is requested to permit a test under the provisions of N.H. Rev. Stat. § 265-A:4. The failure or inability of an arrested person to obtain an additional test shall not preclude the admission of any test taken at the direction of a law enforcement officer, authorized agent, or peace officer. Nothing herein shall require the release from custody of the arrested person for the purpose of having such additional test made.
II. A sample of blood taken pursuant to N.H. Rev. Stat. § 265-A:4 shall be of sufficient quantity to allow 2 tests; and the testing laboratory shall retain for a period of 30 days subsequent to the test conducted pursuant to N.H. Rev. Stat. § 265-A:4 a quantity of said sample sufficient for another test, which quantity shall be made available to the respondent or his or her counsel upon request.
III. A sample of breath taken pursuant to paragraph I shall be analyzed in accordance with rules adopted by the commissioner of the department of safety pursuant to N.H. Rev. Stat. § 265-A:5, V. A subject who submits to an infrared molecular absorption test at the request of a law enforcement officer shall have the right at his or her own expense to have a blood sample drawn and a blood test made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner of the department of safety under N.H. Rev. Stat. § 265-A:5. The person shall be so informed by the law enforcement officer at the same time as the person is requested to permit a test under the provisions of N.H. Rev. Stat. § 265-A:4. After the person submits to the infrared molecular absorption test and the test is completed, the person shall also be provided contact information for individuals and the nearest facilities that make themselves available to draw and test blood. The individuals listed, by virtue of their residence or work location, should have a reasonable probability of performing the blood draw within 2 hours of the initial breath sample having been taken by the police. The failure or inability of an arrested person to obtain an additional test shall not preclude the admission of any test taken at the direction of a law enforcement officer, authorized agent, or peace officer. Nothing in this paragraph shall require the release from custody of the arrested person for the purpose of having such additional test taken, however, an arrested person who remains in custody shall be permitted to have his or her blood drawn by a person who has been determined to be competent by the commissioner of the department of safety under N.H. Rev. Stat. § 265-A:5.
II. A sample of blood taken pursuant to N.H. Rev. Stat. § 265-A:4 shall be of sufficient quantity to allow 2 tests; and the testing laboratory shall retain for a period of 30 days subsequent to the test conducted pursuant to N.H. Rev. Stat. § 265-A:4 a quantity of said sample sufficient for another test, which quantity shall be made available to the respondent or his or her counsel upon request.
Terms Used In New Hampshire Revised Statutes 265-A:7
- Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
III. A sample of breath taken pursuant to paragraph I shall be analyzed in accordance with rules adopted by the commissioner of the department of safety pursuant to N.H. Rev. Stat. § 265-A:5, V. A subject who submits to an infrared molecular absorption test at the request of a law enforcement officer shall have the right at his or her own expense to have a blood sample drawn and a blood test made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner of the department of safety under N.H. Rev. Stat. § 265-A:5. The person shall be so informed by the law enforcement officer at the same time as the person is requested to permit a test under the provisions of N.H. Rev. Stat. § 265-A:4. After the person submits to the infrared molecular absorption test and the test is completed, the person shall also be provided contact information for individuals and the nearest facilities that make themselves available to draw and test blood. The individuals listed, by virtue of their residence or work location, should have a reasonable probability of performing the blood draw within 2 hours of the initial breath sample having been taken by the police. The failure or inability of an arrested person to obtain an additional test shall not preclude the admission of any test taken at the direction of a law enforcement officer, authorized agent, or peace officer. Nothing in this paragraph shall require the release from custody of the arrested person for the purpose of having such additional test taken, however, an arrested person who remains in custody shall be permitted to have his or her blood drawn by a person who has been determined to be competent by the commissioner of the department of safety under N.H. Rev. Stat. § 265-A:5.